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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: (a) the Defendants failed to comply with the promise of donation even after completion of construction on December 12, 2018 with permission for development activities; (b) the Defendants again made a notarial deed on December 16, 2008; and (c) failed to comply with the Defendants’ request to cancel all of the collateral security established on the road site of this case until January 20, 2009, and did not perform the said request; (d) the Defendants cancelled all of the collateral security established on the road site of this case on March 24, 2009; (b) the Defendants failed to perform the said donation even after having been urged by Youngcheon-si after cancellation; and (b) the Defendants did not receive the notification of donation in return on the road site of this case, and (e) the Defendants could not be deemed to have received the permission to return the charges to Defendant Ilcheon-si without being able to return the charges by means of fraudulent means; and (c) the Defendants could still have made a statement to the effect that the Defendants did not have made a reimbursement.
Nevertheless, the court below acquitted the defendant, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. Summary of the facts charged in the instant case 1) Defendant A is the representative director of the farming association corporation B, D is the representative director of the E farming association, and the networkF is the representative director of the G farming association. The Defendant, the facts, are the Defendant, D, and F (hereinafter referred to as “Defendant”).