The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant received a loan from the victim of the instant real estate as collateral and received documents necessary for the creation of the right to collateral security from the victim.

Since then, the Defendant asked to grant a loan to job offering G and issued documents necessary for the establishment of the above right to collateral security. In the process of obtaining a loan by G, the Defendant completed the registration of establishment of the right to collateral security on the instant real estate by making the wife F in de facto marital relation as a mortgagee for convenience

Therefore, the court below recognized that the defendant had established the right to collateral security in the name of F in the real estate of this case for the purpose of securing the defendant's personal obligation by using the documents necessary for establishing the right to collateral security after deceiving the victim, and found the defendant guilty of the crime of fraud, which affected the conclusion of the judgment.

B. As the sum of the maximum debt amount of senior mortgage established on the instant real estate at the time of misunderstanding the legal principles exceeds the value of the instant real estate, the instant real estate did not have any actual value of collateral at the time. Therefore, even if the Defendant created the instant real estate as the facts charged, it cannot be deemed that there exists any property interest acquired by the Defendant,

C. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to Article 63(1) of the Criminal Procedure Act for ex officio determination, when the dwelling, office, or present address of a defendant is unknown, service by public notice may be made, and Articles 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings are not death penalty, life imprisonment, or imprisonment with or without prison labor exceeding ten years in the trial of the first instance, request for investigation of materials, issuance of arrest warrants, and other