The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it can be acknowledged that the defendant deceptioned the victims and obtained a delivery of KRW 50 million from the victims and acquired them by fraud.

Nevertheless, the judgment of the court below that the facts charged of this case constitute a case where there is no proof of crime.

2. On January 18, 2015, the Defendant entered into a sales contract with the victim H, I and I purchase price of KRW 530 million, KRW 550 million, KRW 5500,000,000, KRW 2500,000,000, and KRW 210,000,000,000,000 for the first intermediate payment, and KRW 20,000,000,000 for the second intermediate payment, and the second intermediate payment of KRW 20,000,00,000,000 from the victims, and thus, was obligated to notify the victims that the said real estate was used as a restaurant.

However, even though the defendant confirmed that the part of the building in violation of the above real estate transaction agreement, "the confirmation and explanatory note of the object of brokerage" was indicated as "an illegal act", the defendant did not correct it as "unlawful act", and did not notify the victims of the fact that the above real estate was a building in violation of the above real estate transaction agreement.

Accordingly, the defendant deceivings victims as above and obtained 50 million won as down payment from the victims, i.e., delivery of 50 million won as down payment.

3. The lower court rendered a judgment on the following grounds that the facts charged in the instant case constituted a case where there is no proof of crime, and rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act.

According to the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the evidence submitted by the prosecutor alone is sufficient to constitute deception against the victim.