The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), the court below erred by misapprehending the legal principles and misconception of facts that the defendant acquitted the defendant, although it is sufficiently recognized that the defendant deceivings the victim and defrauds the victim of KRW 132 million.

2. Determination

A. The summary of the facts charged in the instant case was the owner of Busan Southern-gu 2 commercial building.

On February 13, 2012, the Defendant made a false statement to the victim D on February 13, 2012 to the effect that “The total amount of the debts of the closed-end credit cooperative, member credit cooperative, and the closed-end mortgage created by E, shall be KRW 50 million,00,000,000,000 for the buyer’s succession and the down payment and the remainder shall be paid KRW 70,000,000,000,000,000,000,000,000,000 won, and the expenses for termination, such as provisional seizure, will be cancelled by cancelling all debts other than the inherited debts, such as cancellation of the registration of the decision to commence the auction and the registration of the provisional seizure of the

The victim believed the above false language of the Defendant, i.e., entered into a sales contract for the above commercial house with the Defendant at the seat, and delivered KRW 70 million to the Defendant as the down payment, and delivered KRW 132 million in total to the Defendant on April 22, 2012, KRW 22 million on April 24, 2012, and KRW 21 million on May 25, 2012 in terms of the expenses for solving seizure problems.

However, at the time, the above commercial housing was established as a collateral on the debt amounting to KRW 7150 million, including the debt amounting to KRW 1550 million against the Muwon Credit Cooperative. The defendant, including the debt amount of Suwon Tax Provisional attachment, also the debt amount of KRW 280 million, can cancel all obligations other than the succession obligations, such as cancellation of provisional attachment or cancellation of the registration of the decision on commencement of the auction of the Muwonwon Credit Cooperative, even if he receives money from the victim.