The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Even if the court's voluntary auction procedure is null and void under the civil law, a crime of fraud is established since the defendant is deemed to have a disposal act of the court in appearance, as long as he/she files a request for auction

(Chapter 1). (b)

Even if the court's disposal act is not recognized as effective, it is the commencement of the crime of fraud, so at least the attempted crime of fraud is established.

(Chapter 2) 2. The summary of the facts charged in this case is the person who operates the 3rd floor (ju) of the Magwon-si D. D. Magwon-si.

In fact, although the defendant did not have a loan of KRW 20 million to the victim F, the defendant made a false loan certificate of KRW 20 million in the above F's name on September 15, 2005, the defendant acquired the above F's name by entering the loan certificate "9.15, address "J, 101," in the loan certificate which was used as "0 million won," "205," "205," " debtor F," and "J, 101," and acquired the dividend of KRW 101 in the above F's name on September 20, 2005 at the Changwon District Court, the Hawon District Court, the registration of establishment of a mortgage on KRW 101 in the above F's name, and around November 19, 2007, the defendant acquired the dividend of KRW 108,808,81,808,808,000,000.

3. The lower court determined as follows: (a) even if the Defendant applied for a voluntary auction upon the registration of the establishment of a neighboring mortgage where the cause is null and void and the Defendant was paid dividends in the distribution procedure, the victim, who is the owner of the loan of this case, is not recognized to have the effect of public trust in the case of a voluntary auction; and (b) the victim cannot acquire the ownership of the loan of this case without loss of ownership, and the above F cannot obtain the ownership of the loan of this case effectively.