The prosecutor's appeal is dismissed.

1. From the summary of the grounds for appeal, ① the Defendant, in collusion with Co-Defendant B, acquired KRW 200 million under the name of the sales contract fee for the H-based H-based building (hereinafter “instant building”); and ② the Defendant, in collusion with Co-Defendant A and B, acquired KRW 50 million under the name of the construction price for the funeral hall underground of the instant building; and ② the fact that the Defendant acquired by deception in collusion with Co-Defendant A and B as the construction price for the first floor of the instant building is sufficiently recognized by various evidence submitted in the instant case

2. Determination

A. On April 20, 2010, the summary of this part of the charge is as follows: (a) the Defendant conspireds with the Defendant and B, and (b) around April 20, 2010, the Defendant paid KRW 200 million to G as it is necessary to prepare loans to be used as the purchase price. If the sale contract is not fulfilled, KRW 200 million shall be returned. If the sale contract is not fulfilled, the Defendant shall be paid KRW 200 million as the user of B’s fee; and (b) around May 2010, the lower court acquitted G of the construction cost of the instant building for the purpose of purchasing and selling the instant building under the name of the broker of the instant building and paying KRW 200 million to G for the purpose of using the instant building under the name of the broker of the instant building.

3 The above judgment of the court below shall be made.