The judgment of the first instance is reversed.

Defendants shall be punished by imprisonment for one year.

However, for two years from the date of the final decision.

1. Comprehensively taking account of the summary of the grounds for appeal, the fact that the Defendants conspired to obtain money from the victim without intent or ability to cancel the instant right to collateral security in the first instance judgment can be acknowledged.

The first instance court found the Defendants not guilty due to misconception of facts.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the financial history, environment, details and contents of the crime before and after the crime, and the process of performing transactions, unless the defendant is led to confession

(See Supreme Court Decision 2008Do11718 Decided April 9, 2009, etc.). B.

Facts of recognition

The following facts can be acknowledged in full view of the evidence duly adopted and examined by the Health Team and the first instance court in relation to the instant case.

1) On May 13, 2011, U (G before the opening of a name) is deemed to be the instant land from Defendant A, the sum of 1,738 square meters (hereinafter “instant land”).

Of the 661/1738 shares of KRW 470,000,000 for the purchase price of KRW 470,000,000 for the same day, U confirmed that the remainder payment of KRW 50,000 on June 15, 2011 was to be paid KRW 420,000,000 for the instant land around May 27, 2011, U confirmed that around July 26, 2006, the maximum debt amount of KRW 168,00,000 for the instant land, the secured mortgage under the name of the National Agricultural Cooperative Federation in the name of the debtor V, the secured mortgage amount of KRW 12,00,000 for the obligor V, and the secured mortgage amount of KRW 12,00,000 for the obligor V was set respectively.

U, on the same day, prepared a statement of performance that “Defendant A will terminate the right to collateral security established on the instant land by July 30, 201,” and paid Defendant A the balance amounting to KRW 420 million.

around May 30, 2011, U.S. interest rateing to KRW 470 million from U.S. to KRW 470 million in the event that Defendant A fails to comply with it by Defendant A with Defendant A. on or around May 30, 201.