The conviction part is reversed, and that part of the case is remanded to Suwon District Court Panel Division.

1. Of the facts charged in the instant case, the Defendant sold 122 commercial buildings in the instant building (hereinafter “instant commercial building”) while constructing the Pyeongtaek-si E building.

On December 24, 2004, the Defendant, through his agent H, sold to the victim four commercial buildings in total of KRW 1.31,370,000,000,000,000,000,000 for 1.31,137,000,000,000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,000,000

However, on October 15, 2004, the Defendant cancelled the sales contract for 8 commercial buildings, including 101 commercial buildings of this case, which was concluded before I around October 15, 2004, and treated that the sales price was paid in full by offsetting the sales price for 109 and 110 commercial buildings of this case. The Defendant already sold the above 2 commercial buildings to I, and had no intention or ability to sell 109 commercial buildings of this case by completing the registration of ownership transfer for 109 commercial buildings of this case under the name of I on June 26, 2008.

Nevertheless, as above, the Defendant has concealed the fact that the Defendant already sold the instant No. 109 to I, and had the victim offset the sales contract amounting to KRW 316,457,00 by the amount equivalent to KRW 316,457,00,00 against the sales price of the instant No. 109.

2. After recognizing the facts as indicated in its reasoning, the lower court: (a) concluded the sales contract as above in order to secure the ownership of the 4 commercial buildings including (2) the progress of the new commercial buildings in this case where it was impossible to do so; (b) the process of the sales contract in this case where the victim gave up the rights to the 28 commercial buildings; and (c) the victim gave up the rights to the 109 commercial buildings; and (d) concluded the sales contract for