A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On June 15, 2015, the Defendant entered into a sales contract for the size of 91 square meters out of the said forest land with the G church affiliated with the G church, upon delegation of the authority to dispose of the said land as to the sale of the forest land 4453 square meters in Ulsan-gun, Ulsan-gun, where he/she owns one-half of each one-half of his/her shares from D and E, and upon delegation of the authority to dispose of the said land.

The Defendant and the victim agreed on July 22, 2015 that the down payment shall be KRW 50 million on the date of the contract, KRW 10 million on July 22, 2015, KRW 120 million on July 20, 2015, and KRW 100 million on intermediate payment, such as KRW 100 million on July 20, 2015, and KRW 100 million on the remainder of the registration required for ownership transfer of the forest at the time of completion of the divided registration

The Defendant received down payment of KRW 50 million from the injured party under the agreement, immediately, and received KRW 10 million from the injured party on July 22, 2015, and the intermediate payment of KRW 120 million on July 20, 2015, including KRW 100 million on July 20, 2015, and KRW 120 million on intermediate payment. As such, the Defendant’s duty to receive the remainder on the remainder date and to simultaneously implement the procedures for registering the transfer of ownership of the said forest.

Nevertheless, the Defendant borrowed KRW 120 million from I on September 10, 2015, in violation of the foregoing duties, and made a provisional registration of the right to claim the transfer of all co-owners’ share in the forest as a security for it, and borrowed KRW 30 million from J as a security for it, and made a registration of the establishment of a right to collateral security with the maximum amount of claims KRW 39 million for E’s share in the forest as a security for it.

As a result, the Defendant acquired financial benefits equivalent to KRW 150 million in total, including the secured debt amount of KRW 120 million in the above provisional registration and the secured debt amount of KRW 30 million in the above secured right, and incurred damages equivalent to the same amount to the victim (the prosecutor stated in the facts charged based on the maximum debt amount of the above secured right, but the amount of financial benefits and losses caused by the act of breach of trust is the amount of damages caused by the act of breach of trust.