The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the instant development project, the Defendant directly sealed R on July 13, 201, which was drafted by the request of R to the Plaintiff for the financing source necessary for the instant development project by requesting the instant development project, and indicated in the said contract as “before October 2011, the time of construction of officetel sample houses”. The instant development project was suspended without forming the 8-stage negotiation adjustment council among the total 25-stage procedures, and is likely to take place within a short period of not less than one year. In light of the above, the Defendant could fully recognize the fact that the Defendant, by deceiving the victims of the instant project through R, could have contracted the project of officetel sample houses to the victim by deceiving him/her as if he/she had contracted the construction of officetel house through R, thereby obtaining money in the name of the deposit.

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged on the ground that there is a lack of recognition of the defendant's deception and deception regarding construction contract, and the judgment of the court below is erroneous in the misapprehension of facts

B. As to the instant development project, the Defendant asked R to request the victim G to provide financing necessary for the instant development project, and the Defendant and the victim G entered into an officetel sales agency contract with the Defendant and the victim G for the instant development project, which is newly constructed by the instant development project. In light of the fact that the instant development project could be promoted within a short period without organizing the 8-stage negotiation adjustment council among the total 25-stage procedures, and the subsequent procedure would normally take place for more than one year, the Defendant could fully be recognized by deceiving the victim G through R as if the Plaintiff would sell the officetel to the victim to acquire money in the name of the sales deposit.