The judgment below

Part 3-A, b, 4, and 5 of the judgment shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. The victim of mistake of facts (the second crime in the judgment of the court below) entered into a mortgage transfer and acquisition agreement with U corporate bonds company U, and was transferred from U to H8 of Jung-gu Seoul Metropolitan Government H commercial building (hereinafter “H commercial building”).

The defendant merely assisted the victim to transfer the right to collateral security from U to U, and the 85 million won paid by the victim to U was delivered to U.S.

Therefore, as stated in the decision of the court below, the defendant is not guilty of 85 million won by deceiving the victim as stated in the decision of the court below.

B. The sentence of unfair sentencing [Article 1 and 2 of the former Act (hereinafter “the first conviction part”)] by the lower court

(1) 10 months of imprisonment and 3-A, (b), 4, and 5 of the ruling (hereinafter referred to as "the second conviction") and 2 of the guilty;

(2) 2 years of imprisonment with prison labor) is so unreasonable that it is too unreasonable.

2. Determination

A. In light of the circumstances indicated in the lower court’s judgment on the Defendant’s assertion of misunderstanding of facts (the part concerning Article 2 of the original judgment) and the following circumstances recognized by the evidence duly adopted and investigated by the lower court, the Defendant could fully recognize the fact that the Defendant deceivings the victim as stated in the lower judgment, thereby deceiving the victim of KRW 85 million from the victim.

1) The victim stated in the investigation agency and the court of the court below that "Around December 2010, the defendant paid the successful bid price for the Seocho-gu Seoul Metropolitan Government G shopping mall 213 (hereinafter "the commercial building in this case") to himself/herself, but it is not possible to transfer ownership because there is no acquisition tax, registration tax, etc. In addition, if he/she lends KRW 85 million to H commercial building temporarily, the right to collateral security is set up in the commercial building in this case, and when the transfer of ownership of the commercial building in this case is completed, the defendant additionally lent KRW 85 million to H commercial building in this case on the ground that he/she would set up the first right to collateral security at the time of the completion of the transfer of ownership of the commercial in this case."