The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal 1) Comprehensively taking account of the evidence submitted by the prosecutor (the part not guilty in the lower judgment) and the evidence submitted by the prosecutor, the Defendant is deemed to be exempted from the obligation of collateral loans if the ownership of the instant officetel is transferred, even though the Defendant was not able to take over the collateral loans as set forth in the Etel 1107 (hereinafter “the instant officetel”) around October 31, 2014.

It can be fully recognized that the fact that the damaged person acquired the ownership of the above officetel by deceiving the damaged person is fully recognized.

However, the lower court rendered a judgment of not guilty on this part of the facts charged by misunderstanding the facts.

2) The sentence of the lower court’s improper sentencing (two years of suspended sentence for four months of imprisonment) is too unhued and unfair.

2. Determination 1 on the assertion of mistake of facts) The lower court rendered a not-guilty verdict on this part of the facts charged on the grounds as stated in its reasoning.

2) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court’s judgment, the lower court’s judgment that acquitted the Defendant of this part of the charges is justifiable.

(1) The victim had consistently found the Defendant and the Saemaul Bank of Korea in the investigative agency and completed the registration of transfer of ownership of an officetel on the condition that I, who was the mortgagee of the right to collateral security of the relevant officetel, shall accept the Defendant’s collateral loan obligation from the establisher of the right to collateral security of the relevant officetel, partially repay the principal amount of four million won among the secured loan obligations of the instant officetel.

The court below stated that the ownership of the instant officetel in the name of the Defendant was completed after the previous light was completed, and H is possible to succeed to a loan to partially pay KRW 20 million out of the principal amount with the inquiry of the succession to the secured loan obligation of the instant officetel by telephone.

I explained that the defendant was unable to comply with this, and some of the defendant was 4 million won in the year 2015Na 2016.