The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts), the statement of the victim H (hereinafter “appellant”) and each statement of contract, quotation, and certificate, the defendant did not notify the complainant of the construction of the pention in this case without permission and the progress of the auction procedure for the relevant site. If the construction is conducted at the complainant’s expense, the defendant will pay KRW 70 million to 80 million to 80 million to 70 million to 80 million to 80 million to 30 million, and the second construction payment will be paid on a monthly basis, and the third construction payment will be treated in full by loan.

fraud may be recognized.

In addition, according to the whole contract amount of the instant pen and the testimony of the witness, it is also recognized that the Defendant acquired approximately KRW 118,242,00, which is equivalent to the construction cost, from the complainants.

Therefore, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.

2. In addition to the following circumstances found by the evidence duly adopted and investigated by the lower court in detail, (i) although the complainant stated that “after the contact with the Defendant was cut off on or around July 2014, the Defendant was at the time of the complaint, and the Defendant was aware of the fact that the auction was applied to the site of the instant pention and did not obtain the construction permit of the instant pention,” the lower court, upon the Defendant’s request on or around August 2014 (20 pages of the investigation record), carried out construction of the instant pention (the 534th page of the investigation record, the trial record, the 96th page of the investigation record), partially carried out construction work around October 2014 (102th of the trial record), and (ii) around January 2015, the 2010 or 300 billion won of the instant construction permit contract for the company LLC, which was at the site of the instant pent, and (iii) the auction record was paid to the Defendant.