All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for five years.

1. Summary of grounds for appeal;

A. In relation to the misunderstanding of facts and the misunderstanding of legal principles on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the first judgment is erroneous in the misunderstanding of facts and misunderstanding of legal principles as follows.

1) The Defendant loaned money from AO to the victim W, and deemed that the Defendant is a 3,556m2 (hereinafter “instant land”) in Gunpo-si.

(2) Although the Defendant intended to pay the remainder of the purchase price of the instant land KRW 435 million, it could not be performed due to AO’s circumstances, the Defendant agreed to divide 500 square meters out of the instant land into KRW 100 million and transfer the ownership of the instant land to the victim W, and agreed to pay the unpaid balance as KRW 100 million. In light of these facts, the first instance court convicted the Defendant of this part of the charges even though the Defendant only bears the civil liability against the victim W, and cannot be deemed to have acquired the instant land by deceiving the victim W. (2) In order to secure the payment of the remainder of the instant land, the first instance court found the Defendant guilty of this part of the charges. However, even though the Defendant discussed the method of establishing the second priority collective security on the instant land with the victim W, the Defendant did not establish the second priority collective security upon the Defendant’s request for the statement that she believed himself and did not establish

Nevertheless, the first instance judgment recognized that the Defendant deceptioned the victim W to the effect that the Defendant would set up the second priority mortgage.

3 even if it is recognized that the Defendant acquired the instant land by deception, the Defendant obtained a loan of KRW 500 million as security and paid it as part of the purchase price, according to the agreement with the victim W, so the defrauded amount is KRW 485 million, which is the value of the instant land, from KRW 985 million to KRW 485 million, which is the value of the instant land.

This part of the facts charged should be recognized as a simple fraud, but the first judgment of the court below is 985 million won for this part of the facts charged.