The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant sold 309 households out of the instant apartment units among the instant apartment units around June 5, 2014 without following such procedures, even though, as a rental business operator with respect to the apartment units 2, 3, and 4 units in Gwangju North-gu, Gwangju, Gwangju (hereinafter “instant apartment units”) and the period of mandatory rental under the relevant statutes has expired, the Defendant first sold 309 units of the instant apartment units among the instant apartment units to the general public without undergoing such procedures.

In such a case, the court below found the above 309 households, which were sold in lots, not taking measures, such as proving the right of preferential sale or demanding submission of related data, even though it can be sufficiently confirmed that the tenants of the above 309 households have the right of preferential sale, and in light of various circumstances, the court below found the above 309 households as not guilty of the facts charged of this case on the ground that there is no objective evidence to verify whether the above 309 households have the right of preferential sale or not. The court below erred by misunderstanding the facts and adversely affecting the conclusion

2. Determination

A. The summary of the facts charged in the instant case is a person who actually operates a limited company D (hereinafter “non-party company”) and operates a leasing business. From around 2005 to around 2006, the Defendant purchased the units of the second, third, fourth, and fourth units of apartment units in Gwangju Northern-gu E apartment units (hereinafter “non-party company”) and succeeded to the status of the rental business entity, which were constructed with the funding from the National Housing Fund from the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”).

The fact in the above E apartment around June 5, 2014 is that the Defendant only submitted a conversion report for sale in lots by mutual consent with some lessees prior to the expiration of the lease obligation period, and it did not go through the procedures for conversion for sale in lots to lessees.