A. Defendant 1) misunderstanding of facts (the part concerning the fraud of private document No. 2 (Forgery of private document) and the part concerning fraud) (1) 80 million won in the original facts of the crime in the judgment of the court below) at the time of borrowing KRW 80 million from the victim, the Defendant prepared a loan certificate under E with the explicit and implied consent of the victim, and had the intent and ability to repay the above loan by selling or leasing the above commercial building with the consent of E as to the provision of the F commercial building security. Nevertheless, the lower court erred by misapprehending the fact that there was an error of misunderstanding of the fact that the Defendant convicted him of this part of the facts charged. 2) The lower court’s punishment of unfair sentencing (two years in imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment on the Defendant’s assertion of mistake of facts and the evidence duly admitted and investigated by this court, it is sufficiently recognized that the Defendant exercised the Defendant’s certificate of borrowing in E’s name by forging the victim and by deceiving the victim to acquire the amount of KRW 80 million equivalent

① At the investigative agency and the lower court’s court, E has consistently stated that “Although the Defendant was aware of the fact that he would borrow money from a victim, he did not have consented to the preparation of a loan certificate in his name or the establishment of a security on the F commercial building,” and there was no other circumstance to suspect the credibility of the said statement.

② The Defendant made a statement at the investigative agency that there was no consent from E on the preparation of a loan certificate (No. 42 pages of evidence records) in the name of E and the provision of F commercial buildings security.

(No. 492 pages, No. 494 pages). (3) The above 80 million won loan certificate (No. 42 pages of the evidence record) is stamped by the letters “F,” and the date of the loan shall be “F, Apr. 2, 2013,” and the due date shall be “F,” three months after the due date.