The Prosecutor’s appeal against the Defendants is dismissed.

1. According to the evidence submitted by the prosecutor, the court below erred by misunderstanding the facts only based on the defense of the defendants and acquitted the defendants.

2. Determination

A. On July 8, 201, the summary of the facts charged is as follows: (a) Defendant A’s vehicle parked on the street in front of the Dowon-dong, Jungwon-dong, Jung-gu, Incheon Metropolitan City National Credit Union (hereinafter “the instant real estate”) to purchase the victim E’s land and buildings on the land and its ground (hereinafter “the instant real estate”) for KRW 170 million, which is the victim’s ownership; (b) if Defendant B would have had the instant real property loaned as collateral, KRW 160 million out of the sales price would have the instant real estate loaned; and (c) if Defendant B would have the instant real estate borrowed, the amount of KRW 140,000,000 and KRW 20,000,000,000,000,000,000,000 won as the purchaser’s succession to the said real estate; and (d) the remainder of the 10,000,000 won will be paid as the above loan.

However, the defendants did not have the intention or ability to succeed to existing debts even if they received the above real estate from the victim as collateral, and only the remaining money excluding the remaining money of KRW 10 million out of the loan was considered.

As a result, the Defendants conspired with the victim to set up a collateral on the same day with the maximum debt amount of KRW 52 million, the debtor, the debtor B, and the mortgagee of the right to collateral security as the Dolwon Credit Union, and received the loan of KRW 40 million from the Dolwon Credit Union to the account under the name of the defendant B, and then remitted KRW 10 million to the victim as a balance for sale and purchase, and acquired the balance of KRW 30 million.

B. The lower court’s judgment: (a) submitted by the prosecutor.