D is the owner of a house in the window E of Changwon-si, and the defendant is the spouse of D.

On May 14, 2012, the Defendant entered into a sales contract with the victim F, G, and the said housing and their sites on behalf of the victim F, and the said housing and their sites in the name of the victims to sell KRW 420 million,00,000,000,000,000 to the Agricultural Cooperative Account in the name of D, and was remitted from the victims KRW 35,000,000 on May 15, 2012, and the intermediate payment was remitted to KRW 5 million on May 22, 2012, and KRW 10,000,000,000,000,000 from the intermediate payment. < Amended by Act No. 11447, May 23, 2012; Act No. 11488, May 23, 2012>

In this case, the defendant's side, a seller, deducted 300 million won, including the obligation to return the deposit to be succeeded by the victim who is the buyer, out of the purchase price of KRW 420 million, and received the remainder of KRW 60 million on July 3, 2012, and at the same time, there was a duty to implement the procedure for ownership transfer registration of the house and the site on the part of the victim.

Nevertheless, on July 10, 2012, when the Defendant did not make any remainder payment due to the delay of performance on the part of the Defendant, the Defendant conspired with D, the owner of the said house and site, in collusion with D on July 10, 2012. On July 10, 2012, the Defendant violated the above duty, and created a mortgage on the said house and site with the obligor D and the maximum debt amount of KRW 100 million on the said house and site, thereby obtaining economic benefits equivalent to the said amount and sustained damages equivalent to the same amount as the victim

Summary of Evidence

1. The statements of witnesses G, I and J in the second trial records;

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of examination of part of the prosecution concerning D;

1. A copy of each real estate sales contract;

1. According to each of the above evidence in determining the Defendant’s assertion on the entire registered matters, even if the Defendant borrowed additional money from the J, the Defendant’s actual sum from the victim thereafter.