The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim of the misunderstanding of facts bears the obligation to grant a loan of KRW 55 million to the defendant for the purpose of the audit and case of the defendant's assistance.

As a process deed to the effect that “this case’s process deed” (hereinafter referred to as “fair process deed”) was prepared and executed against the Defendant, the Defendant does not apply for compulsory execution based on a false process deed.

B. The sentence sentenced by the lower court (4 months of imprisonment and 1 year of suspended sentence) is too unreasonable.

2. Determination

A. The following circumstances, which were duly adopted and examined at the lower court’s judgment as to the assertion of facts, are acknowledged by comprehensively taking account of the evidence duly adopted and examined at the lower court’s determination. ① The victim consistently stated that the victim prepared a false fair deed through consultation with the Defendant for the purpose of receiving dividends in the separate auction procedure regarding the victim’s property; ② the Defendant also cooperates with the victim so that the victim may file a claim for dividends in accordance with the instant fair deed during the separate auction procedure held around November 2010; ③ the fair deed of this case was drawn up on October 27, 2010; ③ the Defendant did not file a claim for reimbursement for about five (5) years from the date on which the Defendant did not file a claim against the victim regarding the instant fair deed [ even if an apartment house owned by the victim’s dependent, who is the guarantor of the debt under the instant fair deed, is disposed of as an auction on December 20, 2011, the victim did not appear to have asserted against the Defendant’s own interest in the civil procedure.

When considering all the facts that the court below led to the confession of the crime of this case in the court below.