The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) ① The statement of the victim D and H representative of the surveying and designing company is consistent with the facts charged in the instant case. ② The Defendant alleged that the Defendant paid the down payment of KRW 100 million on behalf of the J 10 million on March 12, 2010, on the ground that it was difficult for the victim to recover the down payment of KRW 100 million on behalf of the J 10 million on the ground that it was difficult for the Defendant to find out the reasons or motive of paying the down payment of KRW 100 million on his behalf of the J 10,000 on March 12, 2010, in view of the fact that it is difficult for the Defendant to directly pay the down payment of KRW 100,000,000 to the seller of the instant real estate under the circumstance that it was difficult for the victim to receive the down payment of KRW 100,000,000 on his behalf of the J 10,010.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. Determination

A. The lower court determined that the Defendant paid down payment after concluding a sales contract for approximately 74,380 square meters in neighboring six parcels, including E and F land, in order to operate a soil and stones collection business and an industrial complex development business, and on the other hand, it is with the I Co., Ltd. as H’s representative.