The judgment of the court below is reversed.

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

1. The summary of the grounds for appeal is that the defendant is both the defendant and the victim, and the defendant has not acquired any pecuniary benefits by deceiving the victim;

2. On November 18, 201, the Defendant entered into a sales contract with F’s agent G to purchase the said real estate in KRW 130,00,00,00 between the summary of the facts charged and the Defendant.

The Defendant paid KRW 20,00,000 out of the purchase price to the victim C, who is a creditor of G, and the victim agreed to cancel the right to collateral security established on the said real estate in sequence with G and the victim.

However, the Defendant did not pay KRW 20,000,000 even if the victim’s right to collateral security was cancelled, as G did not have sufficient financial resources, and the Defendant, who acquired said real estate, failed to repay his/her debt, which is the secured debt of the national bank’s right to collateral security established by G, with the view to not paying KRW 20,000 even if the victim’s right to collateral security was cancelled.

On November 21, 201, when the Defendant paid KRW 20,000,00 from the victim, the Defendant made phone calls to G which received documents necessary for the cancellation of the right to collateral, along with a delegation requesting the cancellation of the right to collateral security, and obtained a pecuniary benefit equivalent to the same amount by failing to pay KRW 20,000,000 to the victim, even if he/she received documents for cancellation of the right to collateral security from the victim, and notified the receipt number, he/she received the documents for cancellation of the right to collateral security from the registration office. In addition, G had G receive the application for cancellation of the right to collateral security on the same day from the victim on the same day, and did not pay KRW 20,00,000 to the victim.

3. The lower court’s determination: (a) the Defendant and G agreed that the Defendant and G agreed that the Defendant will be fully responsible for the three claims, without specifying the amount of debt to the national bank at the time of concluding the instant real estate sales contract; and (b) the right to collateral security of the national bank.