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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) was aware that Co-Defendant A (Co-Defendant) was legally acting on behalf of G in connection with the instant transaction, and the Defendant was aware that at the time of the instant case, A was a co-defendant of H, and there was no special need to confirm whether A was a relationship with H. Therefore, the Defendant cannot be deemed to have committed an intentional act on each of the crimes as stated in the judgment below.
Nevertheless, the court below found the Defendant guilty of all the charges, and there is an error of mistake of fact.
2. Determination
A. The Defendant and A in the facts charged of the instant case borrowed 100 million won for the construction of urban residential housing from G to the land located in Gyeongcheon-si, Kimcheon-si, E, and F (hereinafter “instant land”). As a security, the Defendant borrowed 100 million won for the construction of urban residential housing from G, and set up the right to collateral (hereinafter “instant right to collateral”) on the said land under the name of H, a holder of G, on the said land. However, the Defendant and A were willing to arbitrarily cancel the instant right by using the registration certificate kept in custody on behalf of G due to the foregoing right to collateral security.
1. On December 24, 2013, around 15:40 on December 24, 2013, the Defendant: (a) was delegated by the said J’s office to cancel the registration of creation of a mortgage from H; (b) was sealed by the said J; and (c) was to cancel the registration of the establishment of a mortgage in the nearest area.
Therefore, the above J shall, on the power form stating the purport to delegate the act concerning the application for registration by using a computer, indicate real estate on December 26, 2013, “The purpose of registration is to cancel a collateral mortgage, “The purpose of registration”, “Person Liable for Registration,” H H H K, 807, and affix H seal on the name side, and only indicate real estate on another power form in the same form of letter of delegation.”
2. It is called 326 m2.0 m2.