The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as the summary of the grounds for appeal, the defendant's statement in the accusation and the defendant's statement, etc., the defendant was aware of the fact that E had already sold the real estate of this case to G at the time of entering into a contract for the sale of the real estate of this case with G, and thereby, E could sufficiently recognize the fact that "E concealed the fact that the real estate of this case was sold to G and acquired by purchase price by means of selling the real estate of this case," and thereby, E was at risk of criminal punishment. Nevertheless, the court below acquitted the defendant of the facts charged of this case

2. Determination

A. Around July 3, 2013, the Defendant drafted a false complaint stating that “The Defendant, the Defendant, concealed the fact that he sold 14,500 square meters, etc. of the window of Changwon-si to G for the purpose of having E criminal punishment, and sold 14,500,000 won again to the complainant, so that the Defendant would be punished for fraud.”

However, in fact, the Defendant had already sold the above land to G, and was aware of the plan that E would cancel the advance contract with G with the purchase price received from the Defendant.

Nevertheless, on July 4, 2013, the defendant submitted the above complaint to the Busan Gangseo-gu Office for Public Service of the Busan Gangseo-gu Police Station, which is located in Gangseo-gu, Busan.

B. The lower court’s judgment determined as follows: (a) according to the Defendant’s written statement of the accusation filed by the Defendant on July 12, 2013 and the police statement filed by the Defendant on July 12, 2013, the Defendant’s accusation content “E, the Defendant’s complaint, sells to the Defendant the F 149 square meters, etc. of the window of Changwon-si, Changwon-si (hereinafter “instant real estate”).