The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment.

A. Since H, a vice-chairperson of T-J, a misunderstanding of facts, intends to take over the Felel for the defendant, it first requests G to borrow money from G as a security, the provisional registration of G in the name of G is established.

At the time of concluding a lease agreement with the victim on the Felel, the Defendant promised to cancel the provisional registration in the name of the said G by July 20, 2012, and promised to the same content as that of the victim with the belief that H would cancel the provisional registration in the name of the said G, and did not mean that at the time, the Defendant would cancel the loan related to the Felur.

After all, the defendant had no criminal intent to deceive the victim or to defraud money, but the court below erred by misunderstanding the facts charged of this case and thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination:

A. On July 6, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the victim D, setting the Felel on the land outside the Incheon Nam-gu E, Incheon, and KRW 200,000,000,000, monthly rent of KRW 9,000,000 (excluding value-added tax) on the following grounds, based on the evidence duly adopted and examined by the lower court.

B) At the time of the conclusion of the instant lease agreement, the said right to collateral security and provisional registration in the name of G was established on January 17, 2008: (a) the maximum debt amount of KRW 1.95 billion with respect to the Felel; (b) the right to collateral security in the name of the National Bank of Korea Co., Ltd.; (c) the maximum debt amount of KRW 1.3 billion with the maximum debt amount of February 8, 2012; (b) the right to collateral security in the name of the mortgagee G; and (c) the right to claim the transfer of ownership in the name of G on March 29, 2012; and (c) the said right to collateral security and provisional registration in the name of G was established upon receiving money from G with the Defendant, while H intended to acquire