The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is whether the Defendant was aware of the fact that when selling the site for electric power resource to D, the owner of the access road should obtain a consent to use from the owner of the access road. The Defendant appears to have been well aware of the necessity of the access road and the access road is private in the newspaper as a specialized real estate consulting business operator, and it accords with the empirical rule that, at least, at least, the Defendant was sufficiently anticipated that the need for a consent to use the access road was not obtained a building permit or that disputes could arise in the construction process without such consent.

Nevertheless, it is reasonable to say that the defendant would not be at least three times the purchase price, and that it would not be at least any problem in securing access roads and constructing electric houses when the division registration is completed by the victim while selling the land of 18,000 square meters or more.

Nevertheless, the court below recognized facts based on the defendant's statement that vindicates the facts and rejected the victim's consistent statement consistent with the facts charged, such as the first reporter for real estate transactions, to be punished, which is in violation of the rule of experience.

Therefore, the court below erred by misapprehending the facts against the rules of evidence.

2. Determination on the grounds for appeal

A. The lower court determined that the Defendant could obtain permission to engage in development activities for the creation of a site if it does not interfere with passage from the public service to the site of the instant electric source, and that the completion of site creation according to the permission to engage in development activities could have been granted a building permit for the construction of a new house, that is, there was a road for vehicle traffic from the contribution at the time of the instant sales contract to the site of the instant electric source, namely, a current status, and that there was a current status offered for public use. Therefore, the landowner’s consent to use.