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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the fact that the defendant sold the land G (hereinafter “the instant land”) of the Jeonnam-gun, Jeonnam-gun to E on Jan. 1, 1999 and stated that he would have used the mortgage individually after it was granted a loan. The defendant, around May 15, 2002, is hard to believe that the defendant would not memory the right of collateral on May 16, 2002, set up a direct visit to the Agricultural Cooperative of the Jinjin-gun, and the defendant voluntarily sold the instant land to E on or before May 16, 2002, and then voluntarily made a registration of the right of collateral transfer, the defendant testified to arbitrarily set up the right of collateral transfer on the instant land without the consent of the E and use the loan of KRW 16 million, and made a false testimony to conceal the fact that he used the right of collateral transfer at will. However, the court below found the defendant guilty of this part of the facts charged, which affected the conclusion of the judgment.
B. The sentence imposed by the lower court on the Defendant (one million won of a fine) is too uneased and unreasonable.
2. D purchased a 31,772m2 from the Defendant’s summary of the facts charged regarding the instant land related to the instant case, against the Defendant’s leakage or E, who was operating a new fish farming business on the said land, filed a lawsuit for delivery of the said land to the head of the Gwangju District Court branch (No. 2009Gadan1888), and the Defendant was adopted as a witness of the instant case, and was present at the court of the Gwangju District Court No. 2, which was located in the Seoul Special Metropolitan City, Chungcheongnam-gun, Seoul Special Metropolitan City, Seoul Special Metropolitan City No. 888, Mar. 17, 2010.
Defendant’s attorney F, on May 16, 2002, on the newspaper that “A witness created a right to collateral security of KRW 20 million with respect to the above G land without knowledge of the Defendant,” and the witness is well-known.