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Defendant
All appeals by prosecutors are dismissed.
An application filed by an applicant for compensation shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. (1) Defendant (1) by explaining to the victim that the right to collateral security (hereinafter “instant real estate”) is established with respect to the area of 430 square meters and G 2,277 square meters (hereinafter “the instant real estate”) of the land F of the wife population in Yongsan-si, Defendant (1) obtained consent from the victim, as well as the judgment of the court below that recognized the Defendant’s crime of fraud, notwithstanding the intention and ability to acquire the instant real estate by transferring the ownership of the instant real estate under H’s name, despite having the intention and ability to transfer the ownership of the instant real estate
(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. Determination:
A. (1) According to the records on the determination of mistake regarding the establishment of the instant right to collateral security, the victim and N consistently alleged that there was no explanation from the Defendant regarding the establishment of the instant right to collateral security from the investigation stage and court up to the investigation stage and court, and that there was no consent thereto. ② On July 28, 2010, the Defendant and the victim met for the transfer of ownership to the instant right to collateral security (this fact is recognized at the investigation stage), ③ on July 28, 2010, the Defendant and the victim dialogueed only with the transfer of ownership to the instant real estate on the part of the Defendant and the victim, ④ after becoming aware of the establishment of the instant right to collateral security, the victim asked that there was no means to use the instant right to collateral security to the O, a side of the instant right to collateral security, ⑤ on July 28, 2010.