The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. With respect to fraud, the Defendant borrowed money from the Defendant’s victim C, provided the victim with a certificate of right to registration of 4 parcels, including E’s land, when the Defendant’s f’s purchase of money, as collateral. After doing so, D, who received a claim related to the above borrowed money from the victim’s convict D, prepared a factual confirmation and a letter of commitment to pay the borrowed money, and even set up a collateral security right on the said 4 parcels.

In addition, the defendant paid 300,000 won monthly to the victim for two years as interest on the above borrowed money.

Therefore, the defendant has the intention to commit fraud.

Although this part of the facts charged cannot be determined, the court below erred by misapprehending the facts or by misapprehending the legal principles.

B. As to the event, such as forgery of a private document, event of a private document, preparation of a private document for qualification reproduction, event of a private document preparation, electronic records, etc., false entry into a private document preparation, and false official electronic records, the Defendant obtained consent from D at the time of cancelling the above right of collateral security established by the Defendant to secure the above loan to the victim, and D affixed a seal directly on the power of attorney.

Therefore, even if the defendant did not forge the documents regarding the cancellation of the above collateral, the judgment of the court below which found the defendant guilty on this part of the facts charged is erroneous by misapprehending the legal principles or misapprehending the legal principles.

2. Determination

A. According to each evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

1) The network C of the injured party had archV between U.S., and divorced from U.S. on March 2005. On December 20, 2013, it died due to a fire that occurred in a house around December 20, 2013.

2) On December 9, 2009, the victim set up a collateral security on the land of Pyeongtaek-si and W, his own possession, and obtained a loan from the Song-si Agricultural Cooperative, which was KRW 130 million, out of KRW 120 million.