The prosecutor's appeal is dismissed.

An applicant for compensation shall be dismissed.

1. In full view of all the circumstances surrounding the grounds for appeal, the court below erred by misapprehending the legal principles as to the facts charged of this case, even though the defendant could not have any intention or ability to relax the restriction as described in the facts charged, thereby deceiving the victim and deceiving him/her.

2. The lower court determined that the evidence of the instant facts charged was insufficient by comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated.

① It is recognized that a damaged person under the pretext of street funds necessary to alleviate restriction on height of a site for a joint housing construction project in which the victim was placed, gave the defendant KRW 1550 million (Provided, That even if the victim's statement is based on his/her statement, the defendant would be subject to mitigation of restriction by amending municipal ordinances.

(2) Therefore, if the defendant used 150 million won from the injured person as a rain fund to alleviate the restriction, the defendant deceivings the injured person.

It is difficult to see this point, and the prosecutor must prove that the defendant used the money received from the injured party for another purpose without using it as the rain fund.

However, the defendant, M, and Q offered 120 million won as part of the street funds to P who can exercise influence over the construction committee of the Jeju Special Self-Governing Province for construction of Jeju Special Self-Governing Province for mitigation of height restrictions.

The defendant stated that he used the remaining money as transportation expenses, entertainment expenses, etc.

In addition, the victim made a statement at an investigative agency that he/she had three professors introduced by the defendant together with the defendant and that he/she should not have received some of the above money.

③ The progress of the joint housing construction project promoted by the victim, including the foregoing circumstances, is as follows.