The crimes provided for in paragraph (2) of the judgment of the defendant shall be punished by imprisonment with prison labor for not less than four months, and Articles 3-a and 3-3.

A. Defendant 1) In relation to the crime under paragraph (2) (2) of the judgment of the court below (2017Dahap888, the victim M), the Defendant had the intent and ability to complete a provisional registration with respect to N andO land (hereinafter collectively referred to as “instant P real estate”) in the original city, and transfer ownership to the victim M.

The Defendant notified the victim M of the fact that the provisional registration was completed in Q’s name in the instant P real estate before the victim M paid part of intermediate payment.

Nevertheless, the victim M paid part of the intermediate payment on July 20, 2010, and thereafter, the victim M refused to pay the remainder of intermediate payment and the balance because authorization and permission for the establishment of a factory is difficult due to the slope of the access road to the instant P real estate. Ultimately, on June 13, 2012, the victim revoked the sales contract for the instant P real estate through the recognition protocol of the case No. 2012Ga3790 at the Chuncheon District Court Decision 2012Da3790.

In other words, the victim M refused to implement a sales contract, and the defendant did not have an obligation to implement a sales contract.

In addition, if the Defendant received full payment of intermediate payment from the victim M and DU who jointly purchased the instant P real estate from the victim M and Q with the contract, the Defendant repaid the debt borrowed from Q with the said money, cancelled a provisional registration under Q’s name, and completed provisional registration under the victim M., but the victim M and DU did not pay the part payment in full.

Therefore, there was no reason to implement the obligation to establish provisional registration in the simultaneous performance relationship with the obligation to pay part payments to the victim M.

Although provisional registration was completed in Q’s name around June 25, 2010 on the instant P real estate, the establishment of provisional registration on the subject matter of sale is not unlawful, and since the principal registration was not completed in Q’s name while the sales contract with the victim M was effective, the sales contract did not lead to nonperformance.

B) The crime of paragraph 3(a) of the judgment of the court below (2018Gohap2.2.