The judgment below

The part of conviction against Defendant A and the part against Defendant B shall be reversed.

Defendant

A. Imprisonment.

1. The court below found the defendants guilty on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of the defendant A among the facts charged in this case, and acquitted the defendant A on the fact that the false entry of the original notarial deed in

Accordingly, on the grounds of unfair sentencing, the prosecutor filed an appeal against the Defendants on the grounds of mistake of facts, misapprehension of legal principles, and unfair sentencing as to the guilty portion of the judgment of the court below, on the grounds of erroneous determination of facts and unfair sentencing.

On the other hand, it shall be deemed that the prosecutor's failure to appeal against Defendant A's non-guilty entry of the original notarial deed and the exercise of the original notarial deed, which the court below acquitted, became final and conclusive separately. Therefore, this part shall not be subject to the

Ultimately, the scope of the judgment of this court is limited to the remaining parts except the fact that the court below acquitted Defendant A on the part of the judgment of the court below, and the fact that the original of the notarial deed was not recorded.

2. Summary of grounds for appeal;

A. (1) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Defendant A, as of April 20, 2010, did not deceiving the trustor to raise funds of KRW 5 billion or KRW 6 billion to the P prior to the conclusion of the agreement on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as the “instant collateral trust agreement”), the truster to K, the trustee to F, the financial institution (or G) of the first beneficiary (or G) of the first beneficiary (or G), the second beneficiary’s “G”, the amount arising from the certificate of beneficial rights of the first beneficiary, the amount of KRW 1.3 billion in the certificate of beneficial rights of the second beneficiary, and the amount of KRW 4.86 billion in the certificate of beneficial rights of the second beneficiary (hereinafter referred to as the “instant collateral trust agreement”), and all of the instant collateral contracts are under the direction of P.