The prosecutor's appeal is dismissed.

1. The summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, even if the facts charged in this case were fully recognized, the court below acquitted the Defendant on the facts charged in this case by misunderstanding the following facts.

On January 23, 2015, the Defendant, in the instant facts charged, sold to the auditor F of the victim E (hereinafter “victim Company”) at the office of selling the building D in Yongsan-si, Suwon-si, Seoul Special Metropolitan City on January 23, 2015, the Defendant sold “2,924 square meters of land in this case” (hereinafter “each of the instant lands”) from the victim company to develop it from the victim company to the single housing complex.

When concluding a sales contract, the ownership of the entire parcel will be transferred to a trust company designated by the victim company immediately.

“The purpose of “ was to make a false representation.”

However, on January 21, 2015, the Defendant: (a) entrusted the trust company of Korea and the trust company of 61,532 square meters of the above land; and (b) agreed to obtain a loan of KRW 400 million from his/her affiliated or credit cooperatives as security; (c) on February 2, 2015, the Defendant planned to complete the registration of transfer of ownership on the said 19 parcel in the trust company; and (d) did not obtain permission for development on the ground that the said parcel of land was not illegal banking; (b) thus, the Defendant did not have any intent or ability to perform a contract so that the victim company can obtain permission for development, such as transferring its ownership to be used for the development of a detached complex.

As such, the Defendant, by deceiving the victim company audit fund of the victim company, received money of KRW 500 million from F to January 27, 2015 from F and received money of KRW 500 million from the victim company as sales contract deposit.

1) The lower court determined as follows: (a) the sales contract for each of the instant lands concluded between the Defendant and the victim company (hereinafter “instant sales contract”); and (b) the trust company designated by the victim immediately after the Defendant paid down payment.