The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant, in accordance with an agreement on the division of inherited property with other co-inheritors, shall each share of 1/2 of the 14,618 square meters and the 12,305 square meters of the 12,305 square meters of land E in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, So

(2) Even if a title trust agreement was concluded between the Defendant and the victim with respect to 1/2 shares out of the instant real estate, the registration of transfer of ownership in the Defendant’s name, which was completed according to the title trust agreement, is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the registration of transfer of ownership in the name of the victim (hereinafter “registration of transfer of ownership in the instant real estate”) is also null and void as a false conspiracy, and thus, the registration of transfer of ownership in the name of the victim (hereinafter “registration of transfer of ownership in the instant real estate”) was also null and void as a false conspiracy.

3) The establishment registration of the instant neighboring mortgage was completed formally to prepare for the division of property due to the Defendant’s divorce, and thus, is null and void as a conspiracy. Since the property profits acquired by the Defendant following the cancellation of the establishment registration of invalid root mortgage are “the cancellation of collateral mortgage itself,” it cannot be accurately calculated the amount of profit derived from fraud. Therefore, the Defendant is not subject to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

2. Determination on the grounds for appeal

A. The Defendant and the victim of the instant facts charged are in the form of punishment, and the Defendant and the victim died on January 29, 1998 (hereinafter “the deceased”) and were under the name of the deceased.