A. Fact-misunderstanding 1) The victim K voluntarily cancelled the registration of provisional seizure on N2 lots on the ground of excessive seizure, etc. under the agreement with the Defendant, and the Defendant was proceeding to establish access roads. As such, there is no deception against the victim K.

2) The Defendant’s false entries and events, such as the forgery of each private document and the holding of the same events, such as public electronic records, are to transfer 1500 square meters wide exceeding the first sale contract object [592 square meters out of the object of the first sale and purchase contract (hereinafter “instant land”) of the Incheon Reinforcement-gun, Incheon 1,536 square meters (hereinafter “the instant land”)] to the victim K, and the victim K was set up on the instant land.

As a result, the defendant was issued a certificate of personal seal issued directly by the victim K and filed for the registration of the establishment of the right to collateral security and cancelled the registration of the provisional attachment on the Y3 parcel.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. The following facts are revealed by the evidence duly adopted and investigated by the court below as to the fraud against the victim K. In other words, the victim K. purchasing 592 of the land of this case, which was a blind site not adjacent to the road from the defendant on November 26, 2009, and paying the purchase amount to the defendant around that time, the defendant did not perform the "security on a divided survey and packing," which is the special terms and conditions of the sales contract from the defendant, and the ownership transfer registration was not completed because the land was not divided, and the victim K. 2 that was unstable was not registered on December 10, 201 as to N2 and Y3 of this case. The defendant requested the victim K to cancel the registration of provisional seizure on the land of this case. < Amended by Presidential Decree No. 23268, Nov. 26, 2009>