A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

피고인은 2008. 2. 27.경 불상의 장소에서 피고인 소유의 서울 종로구 H 툐지 및 건물에 대하여 매매대금을 30억 원으로 하고, 근저당권이 설정된 융자금 10억 원 및 임대차보증금 10억 원을 승계하고, 나머지 10억 원은 피고인의 피해자 G에 대한 기존 채무로 상계하는 조건으로 피해자에게 매도하기로 하고 매매계약을 체결하였다.

On February 29, 2008, the Defendant agreed with the victim to treat the down payment and intermediate payment under the above sales contract as receiving the down payment and intermediate payment instead of repaying KRW 1 billion out of the existing obligation against the victim. Thus, despite the duty to complete the registration of ownership transfer for the said real estate, the Defendant breached his/her duty by setting up a mortgage equivalent to the maximum debt amount equivalent to KRW 400 million against the victim around May 20, 2008, thereby acquiring property benefits equivalent to the said amount and causing property damage equivalent to the said amount to the victim.

Summary of Evidence

1. Protocol of examination of witnesses concerning G in the third protocol of trial;

1. Protocol of the prosecutorial statement concerning G;

1. A real estate sales contract, each receipt, or a loan certificate (a page 260 to 264 pages of investigation records);

1. A certified copy of the investigation record (477 pages);

1. Application of each written agreement (No. 216 through 219 of investigation records), a memorandum of implementation (No. 1446 of investigation records), or a written agreement (no. 1643 of investigation records) (no. 1643 of investigation records);

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

2. Article 62 (1) of the Criminal Act;

3. The Defendant asserts that the instant sales contract was lawfully rescinded because, at the request of G, the Defendant had established a right to lease on a deposit basis on his own instead of rescinding the instant sales contract at the time of the rescission of the instant contract.

However, the statement of the witness G on the witness examination protocol, the sales contract of this case, and each agreement (the investigative record No. 216 to 219, 1643), and H building obligations.