The prosecutor's appeal is dismissed.

On December 28, 2007, E Co., Ltd. (hereinafter “E”) with the summary of the facts charged in the instant case, the judgment of the court below, and the summary of the grounds for appeal, obtained a payment guarantee of G, a contractor, from the victim H bank (hereinafter “victim bank”), and paid KRW 2,964,75,000 as the down payment deposit for the said land to the Housing Corporation on December 31, 2007, in order to implement the construction of a primary apartment complex on F parcel.

E was placed in a situation in which it is impossible for E to carry out the main apartment construction project due to the default of G around November 1, 2008. On January 13, 2009, I acquired the status of buyers of the above land under the name of J (hereinafter “J”) which he operated from E, and took over the above status of buyers. On February 2, 2009, E took over the above 3.6 billion loans to the victim bank of E around February 17, 2009. Around December 17, 2009, J acquired the above 1.5 billion won additional loans from the victim bank under the name of J, 1.1 billion won additional loans from the victim bank on December 31, 2010, and transferred the rights to the said house deposit to the Korea Housing Corporation (hereinafter “J”) to the said Korea Housing Corporation, including the right to claim the down payment.

After all, when it is difficult for the victim bank to recover the principal and interest due to the fact that the I was unable to pay the balance of 26,682,795,000 won for the land, and the said down payment is in a situation where the said down payment can be terminated, the bank transferred the entire loan claim including the right to claim the return of the down payment to the Korea Asset Management Corporation on June 30, 201 to the Korea Asset Management Corporation, and the Korea Asset Management Corporation would be able to purchase the above loan claim prior to the victim bank and settle the purchase price after the settlement.

I commits an error in the sale process, etc. of the above land on February 16, 2012 and around February 20, 2012, around February 20, 2012.