1. Regarding the prosecutor's grounds for appeal

A. In appearance, a series of acts by the defendant, which forms the basis of the facts charged, are the same as several crimes. However, in the event that a series of acts by the defendant constitute a single social factual relationship by combining them, the relationship that is not constituted only one legal evaluation of them, i.e., where a crime by one party is constituted, the other's crime cannot be established, and only when a crime by one party is acquitted, the other party's crime can be established (see Supreme Court Decision 2011Do1442, May 13, 201). (b) Of the facts charged in the instant case, the part related to K apartment among the facts charged in the instant case is related to K apartment as stated in the judgment of the court below. (1) The defendant would change the lending bank to the place where the interest rate is lower if the right to request the transfer of ownership of the above apartment is cancelled, and promptly make a provisional registration.

H by deceiving H to cancel the provisional registration, and by deceiving H to obtain money equivalent to its pecuniary gains, and ② As such, after changing the lending bank, the right to request the transfer of ownership violates his/her duty to implement the registration procedure, and thus, the right to request the transfer of ownership violates the duty to obtain the registration procedure, and as of July 26, 201, the person on July 26, 201, and the person on July 28, 2011, as of July 28, 2011, each of the above apartment units obtained pecuniary benefits equivalent to the maximum amount of each claim and the key money for lease on a deposit basis in the third party’s name and caused financial damage to H to the same amount.

In regard to this, the court below found the above ① guilty of fraud, ② As to the facts charged of each crime of breach of trust, the defendant's act of not restoring provisional registration according to the promise but completing the registration of establishment of a right to collateral security to a third party is nothing more than the scheduled result of the crime of fraud that intends to make profits by cancelling provisional registration from the beginning, and thus, it is only included in the act of committing the crime of fraud, which is incompatible with the crime of fraud.