1. On July 22, 2005, the summary of this part of the facts charged (2015 high group 2187) was that the Defendant purchased the land owned as a road by a local government along with the victim D, and then first agreed to transfer the above site to a local government and then divide it into a claim for usage fees or compensation against the local government. Of them, the Defendant entered into a transfer registration on the part of the victim’s possession without the victim’s consent, with the intention of not performing any act of disposal, such as sale, gift, etc., and later, with the victim’s payment of compensation and usage fees, the Defendant first agreed to pay the victim first.

Pursuant to the above agreement, ① 160.14 square meters among the shares in the Defendant’s name of Jung-gu, Incheon, Jung-gu, Incheon, 437.59 square meters, ② 650.6 square meters among the shares in the Defendant’s name of Jung-gu, Incheon, Jung-gu, 1865.6 square meters, ③ 129.87 square meters among the shares in the Defendant’s name of Jung-gu, Incheon, Jung-gu, Incheon, 398.46 square meters, ④ 150.32 square meters among the shares in the Defendant’s name of Jung-gu, Jung-gu, Incheon, Jung-gu, 156.41 square meters among the shares in the Defendant’s name of Jung-gu, Incheon, 123.38 square meters among the shares in the Defendant’s name of Jung-gu, Jung-gu, Incheon, 280.

Nevertheless, around January 19, 2009, the Defendant refused to return the G site and H site in Jung-gu Incheon, Jung-gu, Incheon, and embezzled it by refusing to return it without returning it to the victim, while the Defendant received full payment from Jung-gu, Incheon, in the form of acquisition through consultation, and had it kept a total of KRW 83,397,680 (G site 39,199,600 / H site / H site 44,198,080).

In addition, on February 12, 2013, the Defendant sold the F site and I site in Jung-gu Incheon, Jung-gu, Incheon, and embezzled it by refusing to return it without returning it to the victim, even though it received full payment of the purchase price and kept a total of KRW 164,072,078 (F site KRW 138,002,019 / I site 26,070,059) equivalent to the victim’s share.

2. Determination

(a)in this case;