The judgment of the court below is reversed.

The defendant shall be innocent.

Summary of Grounds for Appeal

Around May 208, the Defendant offered the leaf Ginseng (hereinafter “the instant leaf Ginseng”) cultivated in the Republic of Korea G and two parcels of land, in a way of possession and revision. After that, around May 2009, the Defendant offered the instant leaf Ginseng (hereinafter “the instant leaf Ginseng”) for double transfer by means of possession and amendment. Around May 2009, H offered the instant leaf Ginseng for double transfer by means of double transfer. Since the instant leaf Ginseng was transferred to I under the status of external ownership of the leaf Ginseng’s transfer, H obtained the right to transfer by the Defendant, a non-entitled person, the right to transfer ownership of the instant leaf Ginseng, and thus, cannot obtain the valid ownership of the instant leaf Ginseng.

Therefore, even if the Defendant borrowed money from E and did not notify H of the fact that the instant leaf ginseng was first offered as security for transfer, it cannot be deemed that the Defendant is obligated to notify the Defendant of the fact that it does not interfere with the realization of the transfer security interest of E.

Even if H is a lawful mortgagee of the instant leaf ginseng, the instant leaf ginseng was not assessed as an important security at the time of the instant loan, and the Defendant provided a security equivalent to the borrowed principal to E even with the exception of the instant leaf ginseng, and had sufficient means to repay, so it cannot be deemed that the Defendant had the intent to commit fraud.

The sentence of unfair sentencing (six months of imprisonment) by the court below is too unreasonable.

Judgment

On November 19, 2009, the summary of the facts charged of the instant case stated to the effect that “A notarial office located in Seo-gu Daejeon, Daejeon, that lent KRW 100,000,000,000 per annum to the victim E for transfer, “The Defendant borrowed the leaf ginseng cultivated in the East-gun, Chungcheongnam-gun, Chungcheongnam-gun, G, and 2 lots of land, and two bonds on the land, which are transferred for transfer.” The Defendant paid KRW 3 million per month of interest, and the principal would be repaid until March 19, 2010.”

In fact, the Defendant borrowed approximately KRW 110 million from H around May 2009, and had a leaf ginseng of approximately KRW 20 million at the market price.