사기
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. In fact, the Defendant, after being subject to the provisional attachment cancellation from the victim of Chungcheongnambuk-gun, N, I,O, P, Q, I's ground factories and offices, restaurant buildings, O's ground offices and toilets buildings, I and 6's factory buildings, I and 6's factory buildings on 8's land above I and 6's ground (hereinafter "the entire real estate of this case"), tried to reduce the debt ratio and obtain additional loans to pay for the unpaid goods to the victim.
In addition, the Defendant notified the victim of the establishment of the right to collateral security on the remainder N, P, I land, 7-dong factory buildings, and 8-dong factory buildings on non-party I and six parcels of land (hereinafter “the instant real estate 2”). In light of the fact that after the establishment of the right to collateral security, the Defendant sent the victim the registered information on the creation of the right to collateral security, and the victim actually attempted to repay through the said right to collateral security, it is difficult to deem that the Defendant had the intent to commit deception or fraud against the victim.
B. The sentence of unfair sentencing (ten months of imprisonment, two years of suspended sentence) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged is the person who operates J in the Chungcheongbuk-gun I.
On March 4, 2011, the Defendant traded with the Defendant’s company at “M” office operated by Boan-si, Boan-si, and filed an application for provisional attachment of real estate with respect to KRW 109,116,40 with respect to the Defendant’s debt of KRW 109,16,40,00, the purchase amount of goods that was not paid. The Defendant, as the obligee, filed an application with the Daejeon District Court on February 7, 201, for provisional attachment of the Defendant’s property of KRW 6,7 building on the ground of non- I and 6 lots of land, and of KRW 8 factory building on the ground of non- I and 6 lots of land.