However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

The Defendant, around March 26, 2018, entered into a contract for management right and stock acquisition by transfer with the victim at the office of the fourth floor of the Gangnam-gu Seoul Metropolitan B building, and with the victim to enter into a contract for management right and stock acquisition by transfer of the company D, shall pay the victim a total of KRW 250 million under the name of the purchase price for stocks and management right, and the amount of loan claims to the above company by the victim to KRW 65 million on the same day, and shall be paid KRW 50 million on the same day as the down payment, and the balance of KRW 400 million shall be paid until January 25, 2019; however, the Defendant agreed to set up a collateral security right to three lots of land, such as the land in Dong-gu, Gwangju Metropolitan City, E, F, and G land owned by the above company as security for the remainder of KRW 400 million until January 25, 2019

Nevertheless, the Defendant borrowed KRW 300 million from H around April 18, 2018, in violation of the above duties, and obtained pecuniary benefits equivalent to KRW 300 million as secured by the registration of the establishment of a neighboring mortgage on the above three parcels of land in H’s name, and caused damages equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Management rights and share acquisition agreement, and application of statutes in the register of land register;

1. Article 355 (2) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, on the land of 11 parcel, established a mortgage registration of the maximum debt amount of 480 million won with the victim as the mortgagee, with regard to the land of 11 parcel as the mortgagee, the defendant recognized the crime and reflects the recognition of the crime, the fact that there is no previous conviction in the same kind, and the defendant's age, character and behavior, family environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the sentence