A defendant shall be punished by imprisonment for not less than one year and six months.

A. On the first judgment of the court of first instance ( Both appeals) the defendant (the fact-finding), Jung-gu Incheon Metropolitan City C apartment (hereinafter "the apartment of this case") is called the apartment of this case.

At the time of sale in lots, the market price of the apartment of this case exceeded KRW 1.147 million from KRW 1.1 billion to KRW 1.165 million. The defendant used most of the sales price received from the victims to repay the debt, and thus, it was erroneous in the judgment of the court below that found the defendant guilty against the defendant, which affected the conclusion of the judgment, by misunderstanding the fact that the defendant could not be found guilty. 2) The punishment (one year and six months of imprisonment) sentenced by the first instance court against the prosecutor (an unjust act) is too unreasonable.

B. In light of the fact that there was an implied agreement with creditors on the repayment method at the time of selling the apartment of this case, the defendant could not be aware that the victim could not implement the procedure for the registration of ownership transfer at the time of entering into the sale contract with the victim. In light of the value of the apartment of this case, the defendant was anticipated to be able to fully repay the debt related to the apartment of this case at the time of selling the apartment of this case, and thus, the judgment of the court below which convicted the defendant of the fact that the defendant did not have intention to acquire it,

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the case of this court 2012No1248, which is the appellate case against the judgment of the court of first instance, and the case of this court 2012No3372, which is the appellate case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes of the first and second court 1 are concurrent crimes under the former part of Article 37 of the Criminal Act, and is a single sentence within the scope of the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act.