The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant, in order to cancel the registration of creation of the right to collateral security established on the instant forest land, knew that it is necessary to cancel the registration of creation of the right to collateral security with KRW 30 million and that it cannot be cancelled with KRW 20 million. Thus, the Defendant, even though he did not have the intent or ability to cancel the registration of establishment of the right to collateral security by August 30, 2013, by deceiving the victim, thereby deceiving him.

Therefore, the court below erred by misapprehending the facts.

2. Determination

A. A. Around May 30, 2010, the Defendant’s husband of the facts charged delegated the authority to dispose of 1,011 square meters of JJ forests and fields owned by the said company by the Plaintiff Company I (hereinafter “Defendant I”) (hereinafter “instant forest”) by around May 30, 201.

On January 13, 2012, the Defendant entered into a sales contract with the victim F for KRW 100 million on behalf of the victim F and the purchase price of the forest of this case at a YA certified broker office located in Gwangju City X.

On May 15, 2013, the Defendant made a false statement to the effect that “The Defendant would rescind all the creations in the instant forest land (the Medical Insurance Corporation, the Sejong Savings Bank) and make the registration of ownership transfer” to the victim at the above authorized brokerage office until August 30, 2013, and drafted a written statement to the same effect.

However, in order to cancel the registration of the establishment of the right to collateral security established in the forest of this case, the Defendant was well aware of the fact that it is necessary to have more than KRW 30 million and that it cannot be cancelled with KRW 20 million, and accordingly, the Defendant did not have any intention or ability to cancel the registration of the establishment of the right to collateral security until August 30, 2013 to make the registration of the transfer of ownership.

Nevertheless, the defendant deceivings the victim as above and acquired the victim by transfer of KRW 20 million to the bank account in the name of the defendant on the same day from the victim.

B. Determination 1).