The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the fact that the Defendant was unable to cancel the registration of the establishment of the right to collateral security against the Dongjak-gu Seoul Metropolitan Government D lending 301 is due to the fact that the Korean bank, which promised to exclude the pertinent head office from the joint collateral list at the time of repayment of the amount distributed to each household, failed to perform the said pledge on the ground of the decline in the security value, etc., and that the Defendant did not have any intent or ability to cancel the registration of the right to collateral security, there is a

In so determining, the lower court erred by misapprehending the facts.

B. The sentence of the lower court’s improper sentencing (one year of suspended sentence in August) is too unreasonable.

2. Determination

A. The following facts can be acknowledged according to the evidence duly admitted and examined by the lower court and the first instance court as to the assertion of mistake of facts.

① The Defendant, in the name of the Bank Co., Ltd., awarded a successful bid for the said D loan Nos. 101, 201, 102, 201, and 102, 201, and 202, and 301, respectively (hereinafter “instant real estate”), and in the process, the bid price of the instant real estate borrowed from the Bank by the Bank Co., Ltd. was completed in the future of the Bank in Korea, such as the creation of a mortgage-backed security claim amounting to KRW 840,00,000,000, which are jointly secured by the instant real estate.

② At the time of the establishment of the foregoing right to collateral security, P (work at Q Q branch of our bank, which is the place of business in charge of the above loan, up to December 2013) promised the Defendant to individually express the registration of the establishment of the right to collateral security against the relevant head office in the manner of eliminating the relevant household from the joint collateral list, if the Defendant reimburses the Defendant of the amount allocated to each household as indicated in the current status of real estate loan counseling (the investigation record No. 38 pages).

③ Accordingly, the Defendant repaid the amount of KRW 78 million on June 14, 2013 with respect to 101 above ground, and revoked the registration of establishment of the right to collateral security on the 18th of the same month, and ii) with respect to 202 above ground on the 202 above ground.