The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant was entrusted with the right to sell an apartment unit of Mapo-gu Seoul Metropolitan Government J apartment No. 104 Dong 401 in the name of E.

2. The Defendant was entrusted on March 22, 2012 with the right to sell J apartment Nos. 104-dong 401, which was enforced in Mapo-gu Seoul, Mapo-gu, Seoul.

E, after the death of September 27, 2013, the Defendant’s husband, who is the children of the network E, succeeded to the k and L, and M, each of 1/3 shares.

Although the Defendant had a duty to preserve and manage the right of sale in the name of trust with due care as a good manager, on March 7, 2014, the Defendant sold the right of sale to P in violation of his duty at the O's office located in Mapo-gu Seoul N, Seoul, to P in the amount of KRW 614,150,000.

As a result, the Defendant acquired property benefits equivalent to L/M’s share out of KRW 614,150,000 (614,433,332 x 2/3) among the 614,150,000 of the market price of the right to sell in violation of his/her duties, and incurred property damages to M, respectively.

3. The judgment of the court below is that the evidence alone submitted by the prosecutor alone that the defendant was entrusted with the sale right in the name of the defendant.

It is not sufficient to recognize the recognition.

In light of this, the lower court acquitted this part of the charges.

4. Determination on whether a deliberation was made

A. According to the facts admitted by the lower court and the evidence of the first instance, the following facts can be acknowledged.

(1) E (hereinafter referred to as “the Deceased”) had a child L (1 South), K (2 South) and M (3) as his/her child, died on September 27, 2013, and the Defendant is K’s wife.

(2) On November 27, 2007, the Defendant registered ownership transfer on the ground of sale on October 10, 2007 with respect to Qgu Multi-household 102 (hereinafter “multi-household 102”) (hereinafter “multi-household 1”)

(3) After that, the housing redevelopment project was implemented on the site of the above multi-household housing, and the Defendant was qualified as a member. On March 22, 2012, the Housing Redevelopment Association and the Housing Redevelopment Association were to enter into the Mapo-gu Seoul Metropolitan Government J apartment No. 104-dong 401 (hereinafter “instant apartment”).