The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal was known that Defendant A had already used this axis to transfer the instant house to I and 1 other parcels of land in Hanam City using this axis, and since he currently resides in this domicile, the right to this axis has ceased to exist.

In addition, under the premise that the Defendants did not go through the procedures of confirmation by the competent authorities on whether the right of retention exists, the Defendants, despite being aware of the fact that they received the payment from the injured party, could not have this right.

may be seen.

Nevertheless, the court below pronounced not guilty on the ground that it cannot be recognized that the criminal intent of deceiving the Defendants was obtained, and the court below erred by misunderstanding the facts.

2. The summary of the facts charged in the instant case is the owner of a detached house E in the south-si, and Defendant B is the parent of Defendant A.

The Defendants in the “G Authorized Brokerage Office” located in the F of the Hanam-si and the 1st floor around August 27, 2015, are the buildings for which the owner of the housing in the Hanam-si E E-si has the right to transfer the housing after obtaining a construction permit within the adjacent development restriction zone.

The phrase “ makes a false statement.”

However, in fact, the above detached house was a building that needs to be removed because the defendant A used the above duplicence in around 1990 to build a new house in the Hanam City by using the above duplicence in 1990.

Nevertheless, around August 27, 2015, the Defendants concluded a sales contract to sell E’s detached housing in the amount of KRW 160 million to the victim, and received KRW 20 million from the victim to the agricultural bank account under the name of the Defendant A for the same day as the down payment, and received KRW 80 million in cash as part payments around September 13, 2015, and KRW 60 million in cash as of September 30, 2015, respectively, for the remainder payment on or around September 30, 2015.