On September 1, 2003, the Defendant divided the farmland of 8,264 square meters into D farm land and E forest, respectively, and on October 9, 2007, the Defendant donated 1/2 shares to the victim with respect to 3,017 square meters for Gyeonggi-gun C farm land owned by the Defendant, and expressed the intent of the donation in writing.

In accordance with the above donation agreement, the Defendant had the duty to perform the registration procedure for the transfer of ownership with respect to one-half of the 3,017 square meters of the land for the above stock farm to the victim.

Nevertheless, on April 12, 201, the Defendant violated the foregoing duties and received loans of KRW 40 million from GF located in Gyeonggi-si F, Gyeonggi-do, and entered into a mortgage agreement with the maximum amount of KRW 52 million in the place of the above title action. On April 13, 2011, the Defendant completed the registration of establishment of a mortgage agreement with the Defendant as to the entire land for the above stock farm in both equal indictments located in Yangyang-si, Gyeonggi-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, and the total amount of claims for the entire land for the stock farm, KRW 52 million, and the debtor as the Defendant.

As a result, the Defendant acquired property benefits equivalent to KRW 20 million equivalent to the above secured debt amount of KRW 1/2 of the above secured debt amount, and suffered property damage equivalent to the same amount from the victim.

2. The Defendant and his defense counsel asserted that the Defendant paid in full the purchase price of KRW 110 million in Gyeonggi-gun C forest land of KRW 8264m2,00,000,000 to his own money, and the complainant B (hereinafter “Appellant”) merely invested KRW 20,000,000 in the name of the civil construction cost of the said land.

In addition, the Defendant entered into a donation contract with respect to one-half share of 3,017 square meters in Gyeonggi-gu, Gyeonggi-do under the condition that the complainant is married with the Defendant and the mother of the Defendant is gathered and live together. The complainant cannot fulfill the above conditions, such as being married with a third party at the time of maintaining a de facto marital relationship with the Defendant.