The defendant's appeal is dismissed.

1. Summary of grounds for appeal: Error of facts and misapprehension of legal principles (i) In light of the process and progress of the conclusion of the sales contract of this case, efforts by the defendant to perform the contract of this case, details of the whole property of the defendant and sufficient ability to perform the contract of this case, there was no intention or ability to perform the contract of this case, and there was no intention to obtain fraud. ii)

2. The lower court’s conclusion that the Defendant constitutes a crime of fraud is sufficiently acceptable in full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court.

The defendant's assertion of misunderstanding of facts and misapprehension of legal principles is not accepted.

A. On March 25, 2011, the Defendant established a right to collateral security of KRW 28,8720,000 on the instant apartment owned by him/her in the name of the H Bank.

The loan principal is KRW 240 million.

(B) According to the reasoning of the lower judgment, the Plaintiff’s lease deposit for the tenants residing in the apartment of this case is KRW 85 million, which is the remainder of the base loan on September 2016, 2016, immediately before the conclusion of the instant sales contract, as seen below, based on the “the details of credit transactions” submitted by the Defendant to the lower court.

The amount of delinquency in the registration of seizure by the National Health Insurance Corporation made on July 28, 2015 is equivalent to five million won.

Therefore, as of September 2016, the physical collateral amount secured by the apartment of this case as of September 2016 is at least 317 million won, and there is a lot of room for an increase in the amount in arrears, etc.

On October 16, 2016, the Defendant sold the instant apartment to the victim at KRW 315 billion, which is less than the physical collateral amount.

① The contract deposit of KRW 10 million shall be paid at the time of the contract, and ② the intermediate payment of KRW 15 million shall be paid on March 31, 2016, and shall be used as repayment of the lease deposit to tenants; ③ the remainder of KRW 200 million was agreed to pay on April 28, 2017.

-.