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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the Prosecutor on the grounds of appeal, the Defendant became final and conclusive even if the secured claim of the right to collateral security (hereinafter “mortgage of this case”) as indicated in the judgment below was not finalized, as stated in this part of the facts charged.
It may fully recognize the fact that the injured person is deceiving and deceiving the injured person about his/her ability to repay, thereby deceiving 215 million won.
2. 1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court’s judgment determined that the Defendant’s secured credit of the instant case, as indicated in the facts charged, became final and conclusive.
Denmarked
It is insufficient to conclude it, and there is no other evidence to acknowledge it.
① Although there is a final claim transfer contract as evidence consistent with the facts charged in the instant case, the document submitted to a registry for the additional registration of the transfer of the instant right to collateral security is not directly prepared by the victim or his wife, but only prepared by a certified judicial scrivener for the purpose of making a registration.
② Each written application for the victim was presented as evidence consistent with the facts charged in the instant case, but the victim stated at the lower court that he was well aware of all of the facts related to the establishment of the instant collective security, and thus, it is difficult to accept each of the above written applications.
③ Although M’s statement was made as evidence consistent with the facts charged in the instant case, it is difficult to believe it for the following reasons.
The fact that only the amount of KRW 200,000 is set up by the mortgage of this case, which covers the claim for the determination of KRW 1,00,000,000, and the claim is additionally set up by the maximum claim amount of KRW 200,000,000.
Before the war of war, a victim who had experienced a loan through L is supported by L and N of a certified judicial scrivener, and the loan of this case was made.