Afterward, the Defendant and G agreed to obtain a provisional registration of J on the relevant land by the Defendant, instead of paying on behalf of the Defendant the amount of KRW 190 million for G’s debt 190,000 to J, which was currently being used as the site for the Mart parking lot, innju City, which was being used as the site for the Mart parking lot. Accordingly, the Defendant paid KRW 190,000 to the said J around December 4, 2014.

In that sense, while G’s words, “We transferred the provisional registration of “B” from G to the Defendant, the J knew that it would transfer the provisional registration of the said land to the Defendant on December 5, 2014, with the knowledge that it would transfer the provisional registration of the said land to the Defendant on the land of the inn city other than H and I land of the inn city (hereinafter “K land”).

When the Defendant became a provisionally registered right holder and the auction procedure for the pertinent land was commenced, on March 19, 2015, the Defendant sought a distribution as if he/she had the right to dividends in the auction procedure for the said L Auction L with the Suwon District Court (Seoul District Court) around March 19, 2015, and sought to acquire dividends of KRW 190,000 from the court around November 18, 2015, but the Credit Guarantee Fund failed to bring an objection to the claim for dividends on November 25, 2015, thereby making it impossible to achieve the purport.

Accordingly, the defendant attempted to acquire dividends of KRW 190,000 by fraud.

2. Determination

A. The core of the instant facts charged lies in the fact that the Defendant, even though the Defendant did not have the right to obtain provisional registration on K land, had the Defendant transferred the provisional registration, and the Defendant, thereby making a demand for distribution with concealing such fact.

In full view of the following circumstances admitted by the evidence, the evidence submitted by the prosecutor alone is on the land K.