The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and the misapprehension of legal principles) is that the representative director of the victim E, a company, delivered to the defendant by G, who is the representative of the D clan, under the pretext of delivering the above money to H, who is the representative of the D clan, for the purchase price, and thus, the defendant is in the position of keeping the above money for

Nevertheless, the lower court acquitted the Defendant of the instant facts charged on the ground of insufficient proof.

2. Determination

A. The following facts are acknowledged according to the evidence duly admitted and examined by the court below.

① On October 14, 2010, a clan made an agreement to sell 47,514 square meters of 192,517 square meters of f forest land in the wife population to the victim E Co., Ltd. (hereinafter “victim E”) for KRW 9,000,000 for the same day as the agreed money, KRW 50,000,000 for the same day, KRW 85,500,000 for the down payment within seven days after the completion of authorization and permission, and KRW 8,145,00,000 for the remainder until January 13, 2012.

In addition, an agreement was made to pay KRW 100,000,000, out of KRW 192,317 square meters of the said forest land, KRW 49,587 square meters, and KRW 2.5 billion, out of KRW 250,000 on October 14, 2010, the remainder of KRW 150,000,000 at the time of completing the authorization and permission of the said land, and KRW 2.25,00,000,000 from January 13, 2012, respectively.

(2) On October 14, 2010, H, the representative of the Defendant and the Defendant’s clan, and the representative of the victim’s company, gathered in the office of a certified judicial scrivener, and drafted each of the instant sales contracts on October 14, 2010, G immediately thereafter, transferred KRW 150 million to an account in the name of the Defendant, a female member, a female member of the said clan (i.e., KRW 40 million, a part of the contract deposit with a size of 475,514 square meters) under the direct agreement that the bank shall pay to H on the same day (i.e., KRW 50 million).

In addition, G around December 30, 2010, issued additional 20 million won to the defendant.

B. The defendant keeps money for the victim company.