All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In a case where Defendant 1 received full payment of the purchase price, the Defendant cancelled the right to collateral security under the name of K and made the registration of ownership transfer at the end of the registration of ownership transfer.

In order to terminate K's right to collateral security under the name of K by first paying KRW 30 million as the down payment and transferring the principal registration, or receiving the intermediate payment of KRW 50 million as the intermediate payment.

There is no false statement.

2) The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

B. A prosecutor 1) The Defendant, at the same time, ordered the victim C to provide the documents necessary for the registration of the transfer of N land ownership at the same time as the remainder payment was received. On September 30, 2012, the Defendant did not pay the balance and did not perform it for more than eight months, and the Defendant also stated in the prosecutor’s investigation that he was aware of the criminal intent by deception.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. The lower court’s determination on the Defendant’s assertion of mistake of the fact was based on the following circumstances acknowledged by the evidence duly examined and adopted, namely, that R received investment from K and decided to purchase the instant land from the Defendant, and paid KRW 200 million in preference to the Defendant, and that the Defendant created the instant land under the name of K, and the Defendant alleged that K established the instant land. However, if the Defendant provided the documents, etc. for establishment of the right to collateral as collateral, it appears that the Defendant was established under the agreement with the Defendant. The Defendant entered into a sales contract with the victim on November 13, 2015, which was paid KRW 200 million from K on November 13, 2015, and at that time, did not speak that at that time the victim would have the right to collateral security established the maximum amount of KRW 300 million on November 20, 2015. Unlike the Defendant’s assertion, the purchase and sale agreement made with the Defendant.