The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal was that the Defendant had no intent to transfer the right to sell each of the instant parcels or it was impossible to secure the right to dispose of each of the instant parcels, but the Defendant deceiving D as if he/she were to transfer it, thereby deceiving the complainant to receive KRW 120 million from the complainant and defrauded it.

The court below acquitted the charged facts of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. A. The summary of the facts charged in the instant case (1) The Defendant shall obtain 7 million won by deception (related to 113.1903.1) from the victim “F Real Estate Brokerage Office” operated by the victim D in Jinju-si on August 2012, 2012, the Defendant may bring five copies of the right to sell the H apartment sold in lots, whichever is the highest letter among the right to sell the H apartment, to the victim “G Co., Ltd. (hereinafter referred to as “G”), 39 square-type 2 and 3 L, whichever is the highest letter among the right to sell the H apartment, and will exceed 113 Dong 1903.

Therefore, since the above apartment house is owned by G, 5 million won should be granted to the company, and 2 million won should be transferred to the company, 113 Dong 1903, if the house is held with the charge, and 113 million won should be transferred to the company without the molding of the right to sell.

“A false representation was made.”

However, in fact, the right to sell the above 113 Dong 113 and 1903, not G ownership but around June 201, about one year prior to the sale by I, and thereafter resells the right to sell the above apartment again to J, so even if it is received from the injured party, there was no intention or ability to transfer the right to sell the apartment to the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim on September 7, 2012; (b) obtained transfer of KRW 7 million from the national bank account in the name of K to the national bank account in the name of K for sale and purchase of the apartment house No. 113 Dong, 1903, from the victim; and (c) obtained such money from the victim.

(2) The Defendant shall acquire 13 million won by fraud (related to 111/3601/3601/3601/1) with the victim’s “H apartment 111/3601/72 of H apartment 11/3601/72,” and part payments are made by the Defendant at a place where it is difficult to know the location below Jinju’s early September 2012.