The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal refers to the resale under the Housing Act, including sale and purchase, and the legal act itself, and in light of the Defendant and E’s prosecutor’s statement, there was a specific agreement between the Defendant and E on May 2012 regarding the essential contents of the sales contract, including the terms and conditions of the sales contract, the sales price, and the timing of change of name.

Since it is reasonable to see that the defendant resells the right of sale of this case within the period of restriction on resale.

2. Determination

A. The lower court found the Defendant not guilty of the instant facts charged for the following reasons.

1) According to the evidence duly adopted and examined by the lower court, ① the Defendant paid the down payment of the apartment unit as stated in the facts charged with the sale of the apartment unit with the money borrowed from Ma, a punishment, around November 201, and the Defendant, who sold the said apartment unit, sold the apartment unit to 8 Grade VIII clerks on April 23, 2012, and at the same time, the Defendant was issued to the Seoul Regional Veterans Administration (hereinafter “the instant right to sell the apartment unit”) with the order issued by the Seoul Regional Veterans Administration (hereinafter “the instant right to sell the apartment unit”) to South Korea; ② there was a question as to the maintenance of the status of being selected as the occupant of the said apartment unit (hereinafter “the right to sell the apartment unit”), and ② there was a debate among family members at the family conference around May 2012, about the issue of the right to sell the apartment unit, and works at the company located in Daejeon District.

E shall transfer the sales right of this case to E and after the lapse of one year period of restriction on resale, <3> The Defendant and E, on December 21, 2012, prepared an apartment sales right agreement with the special self-government of Class III, stating specific contents, such as the purchase price of this case (i.e., KRW 272,04,00 and KRW 12,204,000 for the sales right of this case (i.e., KRW 259,800,000 for the sales right of this case and KRW 12,204,00 for the extension cost), and (ii) the special terms and conditions of the special terms and conditions (no premium, intermediate payment, and the remainder succession).