The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., two years of imprisonment) is too unreasonable.

2. Determination [Ligue circumstances] The Defendant agreed with the victim in the trial.

A victim has cancelled the registration of creation of a neighboring mortgage as stated in the judgment of the court below and has lost it in a civil lawsuit against C, and there is no damage to C due to this case

The defendant, who was the first offender, had a period of time against the prison life for a certain period of time.

[Unjustifiable circumstances] The Defendant established a mortgage on a apartment owned by C using a mother who lacks mental capacity with his spouse, and borrowed money from the victim to commit the crime is not good.

The amount of fraud exceeds 200 million won.

In full view of the above circumstances, Defendant’s character, conduct and environment, motive, means and consequence of the crime, circumstances after the crime, and criminal records, etc., the sentence of the court below is somewhat heavy.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 231, 30 of the Criminal Act, Articles 231, 30, and 34(1) (a) of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 228(1) and 30 of the Criminal Act, Articles 228(1), 229, 228(1), and 30 of the Criminal Act, Articles 228(1), and 228(1), and 30 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;