The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not have prepared and executed a loan certificate and a memorandum of understanding to D.

B. The order of the court below to attract 50,000 won, not KRW 100,00,000,000, which was sentenced to a fine against the defendant, during the period converted into one day, is unlawful against equity

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. The lower court determined the mistake of facts as follows: ① Defendant and E (hereinafter “Defendant, etc.”) obtained a promise to sell KRW 350 million from D on March 14, 2007, with interest rate of KRW 2.5%, and as of March 14, 2008, completed additional registration, etc. on the real estate owned by the Defendant, etc. (hereinafter “instant real estate”) to secure the above loan obligation under the name of D with regard to the right to collateral security and superficies transfer or mortgage transfer; ② Defendant, etc. failed to repay the above loan obligation on January 10, 208; ② Defendant, etc. received an application for voluntary auction from the Defendant, etc. on or after receiving an agreement to repay KRW 600 million from D on October 18, 2008; ④ Defendant, etc. did not receive KRW 900,000,000 from D on September 19, 2008, and Defendant, etc. again agreed to collect the above loan obligation by up to 900,000,0000.