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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence submitted by the prosecutor of the gist of the grounds for appeal, despite the fact that the defendant was fully aware of the fact that he received KRW 48 million from the victim E as a consent to use the land of this case and obtained such KRW 7 million as the removal of its ground objects, the court below acquitted the defendant of the facts charged of this case, which is erroneous in the misapprehension of facts.
2. A thorough examination of the evidence duly adopted and examined by the court below in light of the records, and the judgment of not guilty of the facts charged in this case on the basis of the circumstances stated by the court below is sufficiently acceptable, and the judgment of the court below is not erroneous in the misconception of facts as alleged by the prosecutor, and the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.