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The prosecutor's appeal is dismissed.
An application filed by an applicant for compensation shall be dismissed.
Reasons
1. In full view of the statement of the victim and the circumstance that the defendant did not notify the victim of the complicated relationship of the right to lease of this case, the court below acquitted the defendant of the facts charged of this case on the ground that it is difficult to see that the defendant deceivings the victim who was unaware of the fact that the right to lease of this case is prohibited by law and acquired the proceeds of transfer of this case by deceit, but it is hard to see that the defendant obtained the proceeds of transfer from the victim by deceiving the victim.
2. Determination
A. The Defendant in the facts charged is a person who served as a real estate brokerage assistant at the Gyeonggi-do Goyang-si and the real estate brokerage office located in Pakistan-si from around 2004 to June 2013.
On October 30, 2008, E, the Korea National Housing Corporation and the Korea National Housing Corporation, the monthly rent of KRW 395,000, and the down payment of KRW 13,80,000 among the security deposit, the remainder of KRW 50,520,000,00 in the contract, and the remainder of KRW 50,000,000,000,000 in the lease deposit, are prohibited from transferring or sublet the right of lease in violation of the Rental Housing Act as a public construction rental apartment in violation of the provisions of the Rental Housing Act, and the Defendant was well aware of the above fact by serving as a real estate brokerage assistant for a long time.
Nevertheless, the Defendant, on September 2008, has been able to collect money from G and H as soon as possible if it invests in a rental apartment, which is the land around September 2008, and, on September 25, 2008, has been transferred from G and H to the Defendant’s new bank account in custody of KRW 50 million, each of which was transferred from G and H, to the Defendant’s new bank account, to acquire the right to lease of the apartment of this case with the money as the money of this case as I’s introduction, with the intention of taking over the right to lease of this case as the money of this case as the money, KRW 35 million with the premium of KRW 35 million, the down payment of the deposit, KRW 13.8 million with the down payment of the deposit deposit, and KRW 1.25 million with the first fee.5.