The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the Defendants’ assertion of misunderstanding of the facts or misapprehension of the legal principles against the Defendants (the fraud point), the content of the instant real estate transaction agreement made by Defendant B, Defendant B, and the buyer as Defendant A is false, and it is difficult to recognize the authenticity of each of the instant payments made by Defendant B to pay KRW 250 million to Defendant B. This part of the facts charged is sufficiently proven by evidence, such as that Defendant B was led to confession of this part of the facts charged even when Defendant B was punished by the investigative agency and the court.

Despite the fact, the court below found the Defendants not guilty of this part of the charges by misunderstanding the facts or misapprehending the legal principles.

B. The lower court’s sentence against Defendant B (6 months of imprisonment and 2 years of suspended execution) as to Defendant B’s assertion of unfair sentencing against Defendant B is too uneased and unreasonable.

2. Judgment on the misunderstanding of facts or misapprehension of legal principles against the Defendants

A. The summary of this part of the facts charged is that Defendant B acquired the ownership of the FF Loans (hereinafter “F Loans”) which reconstructed K apartment houses in the Seoul Seocho-gu Seoul Seocho-gu and three parcels of land, and then acquired the ownership of the re-building FF Loans (hereinafter “F Loans”). Defendant B is the wife of the network G (F Loans 102) sold in lots by FF Loans 102.

Defendant

B A around May 30, 1990, upon entering into a contract with the 10-generation owners of the above K K KK apartment house and entering into a new construction contract, B acquired FJ loan on November 1, 1994, which waived the construction due to the shortage of construction funds. However, in 198, materials were supplied to the above reconstruction construction.

L made a sales contract to transfer ownership to L on September 20, 192 in its own name with respect to half of the shares in the F loan No. 202 to be completed in order to secure the claim for the material cost, etc.

On the other hand, Defendant B, on June 24, 2004, filed a registration of preservation of F lending on or around F lending, against N and thereafter the nominal holders.