The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had completed registration of cancellation of the registration of the establishment of a neighboring mortgage as stated in the facts charged of this case, but had no intention to obtain fraud at the time.

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant at least had dolusent intent to commit the crime of this case, so the above assertion by the defendant is without merit.

(1) After completing the registration of cancellation of the registration of the establishment of a mortgage (hereinafter referred to as the “registration of this case”) consisting of the maximum debt amount of KRW 230 million on the first floor, F. 1, 2, 3, and 4 from the police to the court of original trial, the aggrieved party requested the Defendant to recover the registration of this case from the original point of view, but the Defendant consistently stated that he refused the registration.

② On February 4, 2015, without notifying the victim of the completion of the registration of cancellation of the instant registration, the Defendant completed the registration of establishment of a chonsegwon to H on February 4, 2015, the registration of establishment of a mortgage to I on February 4, 2015, and the registration of establishment of a mortgage to J on February 24, 2015.

(3) The Defendant asserted that the reason for the registration of cancellation of the instant registration is to obtain additional loans from a bank or sell the instant real estate to repay the Defendant’s obligations to the victim. However, the Defendant’s occupation is a licensed real estate agent who was imminent in real estate transactions and was issued the cancellation documents of the instant registration, and where additional loans or sales have been made, the registration of cancellation of the instant registration could sufficiently achieve the purpose as alleged by the Defendant even if it was made by the cancellation registration of the instant registration.