The defendant's appeal is dismissed.

1. As to the fraud against the victim H, the Defendant, on March 16, 2009, decided to cancel the registration of the establishment of a neighboring mortgage of theO, prior to the N-si on N-Land and set up the maximum debt amount of KRW 500 million against the above victim by creating a collateral of KRW 500 million with respect to I land (hereinafter “the collateral of this case”), and did not induce the said victim to pay the money if he had cancelled the collateral of this case, as indicated in the facts charged, as indicated in the facts charged.

Nevertheless, the judgment of the court below which found the guilty of this part of the facts charged is erroneous in misconception of facts.

2. The following circumstances acknowledged by the lower court and the first instance court’s duly admitted and investigated evidence. ① On June 10, 2009, the day immediately before the cancellation of the registration of the instant right to collateral security, the Defendant prepared a letter of confirmation that the Defendant would pay KRW 3.7 billion to the victim of the instant agreement on June 11, 2009, KRW 80,000,000 on June 18, 2009, KRW 10,000 on June 25, 2009, KRW 3.77 billion on July 5, 2009, KRW 200,000,000 on July 3, 2009, KRW 3.77 billion on the loan list of KRW 2.7 billion on the loan list of KRW 3.7 billion on the loan list of KRW 205 billion on the loan list of KRW 2.3 billion on June 21, 201.