The remainder, other than the dismissed part of the application for compensation, shall be reversed.

Defendant 4 million won.

A. Fact-misunderstanding and misapprehension of legal principles (as to the crime No. 1 of the judgment below), the Defendant prepared and delivered a written statement to the victim three times, which was concluded on December 20, 2007 with the victim, was implicitly rescinded. The contract was concluded on December 20, 2007 between the victim and the victim, including the amount equivalent to KRW 260 million, which was the purchase price received under the above contract, with the victim, and the obligation to register the transfer of ownership was extinguished.

Even if the defendant is liable to register the transfer of ownership to the victim

Even if this is based on the promise to repay the substitute, it cannot be said that it constitutes another person's business to establish the crime of breach of trust.

Nevertheless, the judgment of the court below which convicted the defendant of this part of the facts charged is erroneous by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence of the lower court (crimes No. 1 in its holding): Imprisonment with prison labor for 2 years of suspended execution, protection observation, and decision No. 2 in its holding: Imprisonment with prison labor for 8 months: 2 years of suspended execution and protection observation) is too unreasonable.

2. Determination

A. (1) On May 17, 2007, the Defendant was invested in KRW 200 million, which is to be used as the down payment for the sale business on the condition that he would pay 30% of the profits within six months from the victim D through G and return the principal by purchasing KRW 850,00,000 from E to promote the business of developing and selling the FF land in the Gyeonggi-si, Gyeonggi-do around May 17, 2007.

By December 2007, the Defendant failed to carry out the above F F F F F land development project, and during which process, the Defendant was demanded from the injured party to return the above KRW 200 million from the said party, and on December 20, 2007, the Defendant purchased the victim’s land from M and purchased the F F land from M. < Amended by Act No. 827, Dec. 20, 2007>