The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendants failed to perform the construction work and permission for the development of a site for electric power supply, which was presented as important conditions to the victims until the balance payment date, in a situation where the right to collateral security was established on the land of this case due to the delayed payment for more than 6 months for the loan that was provided as security at the time of the conclusion of the instant sales contract, and thus, the Defendants could be found guilty of the Defendants’ deception and fraud, but the judgment of the court below acquitted the Defendants of the facts charged of this case.

2. In light of the following circumstances revealed through the evidence duly adopted and examined by the court below and the court below, the evidence submitted by the prosecutor alone was insufficient to conclude the instant sales contract with the victim as stated in the facts charged, and there was no intent or ability to transfer the ownership of the instant real estate to the victim, even if the Defendants entered into the instant sales contract with the victim, or transfer the ownership of the instant

The prosecutor’s assertion is without merit, and there is no other evidence to acknowledge it.

① Although the Defendants delayed, on November 21, 2013, filed an application for permission to engage in development activities for the purpose of creating a site for detached houses with respect to the land of 280 square meters among the land E, and 144 square meters among the land D, with the Defendants obtained the permission to engage in such development activities on January 27, 2014, and around April 5, 2014, the Defendants installed the Z part of the land corresponding to the road site and installed the packing and sewage hole construction on the road site.

② Although the purchase and sale contract with the victim was terminated, the Defendants divided E into several parcels with a size of 3,406 square meters prior to E, and sold AB 26 square meters prior to AB to AD on September 1, 2014. On September 4, 2014, the Defendants completed the registration of transfer of ownership by cancelling the right to collateral security already established, and completed the registration of transfer of ownership on October 8, 2014.