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

1. The Defendant, as the actual owner of the 4th floor building that was scheduled to be newly constructed in Sincheon-si, was in the situation where, at the time, the Defendant was unaware of the said house with a debt of KRW 280 million at the time, and the obligation for construction cost reaches KRW 200,000,000, and the financial situation was difficult so that the Defendant would be prevented from raising the costs incurred in the construction of the building through bonds or returning the deposit to another lease. Therefore, even though the Defendant did not have the ability to cancel the second priority collective security, he was able to rent the said house on the condition that the Defendant cancelled the second priority collective security by the end of February 2012.

On February 4, 2012, the Defendant has no risk of enforcing the first priority right to collateral security inasmuch as “the market price of the building reaches KRW 1 billion to the victims G (30) through the E Authorized Broker Office located in Scheon-si D through the Broker F, an agent, a brokerage assistant.”

The second priority collective security right is to be cancelled until February 29, 2012, and the lease deposit amount of KRW 70 million is leased to the effect that it is to cancel the second priority collective security right, and the lease deposit of KRW 401,000,000 is transferred from the defendant's house to the down payment on the 11st day of the same month, and the deposit of KRW 63 million was transferred to the remainder on the 11st day of the same month.

Accordingly, the defendant deceivings the victim to acquire a total of KRW 70 million from the victim.

2. No person under a title trust shall register any real right to real estate in the name of the title trustee pursuant to the title trust agreement;

On February 18, 2011, the Defendant registered the ownership of the C detached Housing in the name of the principal according to the trust agreement in the name of the trust agreement, at the registration office of the Do Government District Court in Dong-dong, Dong-si, Government-si, the Defendant actually owned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A real estate lease contract;

1. Application of statutes governing certified copies of real estate registers;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense, Article 347(1) of the Criminal Act of the choice of punishment (the fraud point), Article 7(1)1 and Article 3 of the Act on the Registration of Real Estate under Actual Titleholder’s Name.