A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

D around July 7, 2009, after purchasing land from E in Gyeyang-gu F and 10 parcels of land, and around October 26, 2009, after selling F, H, and I parcels of land among the above land to G in order to reduce the burden of paying the purchase price, D had the seller receive the registration of ownership transfer directly from the seller, and borrowed KRW 380 million from G, and agreed to set up a collateral security right equivalent to the maximum debt amount of KRW 400 million against the above land as security.

D, except the above F, H and I, K, L, M, N,O, part of P, Q, R, S, T, T, T, U,V, and W land (hereinafter “instant land”) were insufficient. As a member of the original agricultural cooperative, the Defendant and the instant land were entitled to a loan under the name of the Defendant and agreed to obtain a loan from the said agricultural cooperative under the name of the Defendant to cover the purchase price.

Accordingly, on October 30, 2009, D prepared a sales contract stating the Foundation X and the purchaser, who donated the instant land from E, as the Defendant. On November 5, 2009, on the following grounds: (a) on November 5, 2009, D completed the registration of creation of a neighboring mortgage consisting of the ownership transfer registration and the maximum debt amount of the said Nonghyup, the maximum debt amount of the 3,562,00,000,000; (b) on the land of this case, Q Q, W, G, and the maximum debt amount of 40,000,000 won (hereinafter “registration of this case”).

D Then, the Defendant attempted to sell the instant land to others and appropriate it for the payment of the sale price, etc. as sales price, but the Defendant did not complete the registration of ownership transfer for the sold land, and thus the dispute arose between the Defendant and the seller.

The Defendant subsequently requested G to reduce the maximum debt amount of KRW 200 million in the instant case to KRW 200 million, out of D’s debt, and obtained the consent of G by requesting G to reduce the maximum debt amount of KRW 200 million in the instant case.