The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that a crime of fraud is not established unless the victim did not suffer any loss and the defendant did not obtain any pecuniary profit, because, at the time of cancellation of the registration of creation of a mortgage near the facts constituting an offense as stated in the judgment of the court below, the secured debt has already been extinguished due to the repayment of the defendant.

Nevertheless, under different premise, there is an error of mistake of fact that the court below judged that the above secured obligation was not extinguished.

2. Determination

A. The lower court found the Defendant guilty on the ground that: (a) the Defendant, on April 27, 2009, was liable for the amount of KRW 2,80,000,000,000,000,000,000,000 as collateral with the loan and stocks, etc. of KRW 2,000,00,000,000,000,000 as stated in the facts constituting the crime of the lower judgment (hereinafter “the instant real estate”); (b) the Defendant, on April 27, 2009, paid the victim KRW 410,00,00 to the victim; (c) it is difficult to deem that there was an agreement between the Defendant and the victim, but (d) the amount of KRW 4,10,00,00,00,00 was considerably higher than the loan amount of KRW 2,80,00,00,00,00,00,00).

B. 1 Fraud is established by deceiving another person and acquiring property or pecuniary benefits based on the defective intent resulting from the deception, and the essence of fraud is the essence of fraud.