Defendant

C The appeal is dismissed.

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A. Imprisonment.

1. Summary of grounds for appeal;

A. Defendant C (1) Fraud misunderstanding of facts) fraud is an agreement between Defendant C and D on the payment of KRW 5 million in addition to the payment of KRW 5 million on the premise that the victim D and D receive the deposit.

Therefore, Defendant C did not deceiving D.

B) Using documents, etc. received by Defendant A from Defendant C, including the charge of the construction of a private document, the establishment registration of a mortgage (hereinafter “the establishment registration of a mortgage of the instant neighboring area”) on the 557 square meters of the I forest land owned by Defendant C by Defendant C, and D and E with respect to the 57 square meters of the I forest land owned by Defendant C.

The purpose of this case was to cancel the registration of creation of a mortgage on the ground that there was concern that Defendant C would be aware of it, and Defendant C did not participate in the crime of Defendant A. 2) The punishment sentenced by the lower court of unreasonable sentencing (one year of imprisonment and two years of suspended execution) is too unreasonable.

B. Defendant A1) misunderstanding of facts: (a) Defendant C forced Defendant C to cancel the registration of the establishment of the instant collateral and let Defendant C talk with the certified judicial scrivener; and (b) did not conclude that Defendant C applied for the registration of cancellation of the instant collateral security to the certified judicial scrivener K; (c) even if Defendant A stated that the application for the registration of cancellation of the instant collateral security was made to K, the certified judicial scrivener K must have confirmed the intent of the victim D, who is the mortgagee of the instant collateral security; (d) therefore, it is impossible to commit an indirect crime in the form of crime using the certified judicial scrivener K. (e., imprisonment with prison labor for eight months and two years of suspended execution).

2. Determination

A. The following circumstances are acknowledged based on the evidence duly adopted and investigated by the lower court and the lower court on the assertion of mistake of facts as to Defendant C’s fraud, namely, the following circumstances: (a) Defendant C was at the time of the victim D’s agreement on January 22, 2013.