The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. In the case of B’s fraud, the Defendant: (a) committed an act of establishing a collateral security agreement with D as a debtor; (b) by agreement or implied agreement; and (c) the Defendant prepared and exercised a written collateral security agreement with D as a debtor; and (d) the lower court found the Defendant guilty of all the charges of this case even though there was no forgery of the written collateral security agreement.

The sentence of the lower court (one year of imprisonment, two years of suspended execution) against the Defendant of unreasonable sentencing is too unreasonable.

2. An ex officio determination prosecutor filed an application for changes in the indictment with the term “as of November 19, 2016,” which read the date and time of the offense under paragraph (1) of the facts charged as “as of November 21, 2016,” and the lower court’s judgment was no longer maintained as the subject of the judgment was changed by this court’s permission.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

3. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts: (i) the agreement made between the Defendant and B on November 15, 2016, stating that “B shall complete the registration of creation of a collateral security (hereinafter “instant real estate”) with respect to the Seongbuk-gu Seoul E-gu Seoul Building F (hereinafter “D”) to secure the Defendant’s obligation, the maximum debt amount of which is KRW 250 million is KRW 250,000,000 with respect to the instant real estate; and (ii) at the time of the preparation of the said agreement, D would have agreed to set the debtor B as the debtor of the right to collateral security (hereinafter “D”) and (iii) there was no intention to accept B’s obligation or become the debtor of the right to collateral security (hereinafter “mortgage”).