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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);
A. The lower court acknowledged the Defendant and C and G’s conspiracy of breach of trust, and C also led to the confession of breach of trust. In full view of the Defendant, C, G’s mother process, the process of drafting the instant sales contract, and other facts as stated by the lower court, the Defendant’s intent of breach of trust is sufficiently recognized, and even if the act of breach of trust constitutes a legitimate exercise of rights, if the act of breach of trust exceeds the bounds that can be acceptable as a means of exercise of rights under social norms, it constitutes an unlawful act, and thereby constitutes a crime of breach of trust. In so doing, the lower court acquitted the Defendant of this case on the ground that the facts charged of this case is sufficiently guilty,
B. The lower court’s decision which rejected the prosecutor’s application for changes in indictment as a litigation fraud is unlawful.
2. Determination
A. The summary of the facts charged in this case is the position of the network H in which C acquired the ownership of FF Loans (hereinafter “FF Loans”) which was reconstructed by the reconstruction construction of E-Housing located outside the Seocho-gu Seoul, Seocho-gu, and three parcels, and G purchased FF Loans No. 102 (hereinafter “FF Loans No. 102”).
C around May 30, 1990, upon entering into a contract with the owners of ten households of the above E-house E- 10 and entering into a new construction contract, and subsequently, on November 1994, which gave up the construction due to the shortage of construction funds, C acquired the ownership of the newly constructed loan around November 1994. On the other hand, on around 198, I, who supplied materials to this Construction, completed the long-term construction for securing claims such as the cost of the material, etc. (hereinafter referred to as "F loan 202"), prepared and issued a sales contract as of September 20, 1992 under his own JJ's name with regard to half of the shares of 202 loans (hereinafter referred to as "F loan 202").
Therefore, as long as the cost of construction materials is not paid to C, the victim J or the victim K or this is transferred to it.