A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 2007, the Defendant received all documents necessary for the transfer of ownership of the instant forest, such as a certificate of seal impression, from the victim’s 227,283 square meters of equity owned by the victim (hereinafter “instant forest”), or upon the victim’s request from the victim to sell or exchange the F forest 227,283 square meters of equity owned by the victim, in the E proxy driving office operated by the victim D in Sungnam-si, Sungnam-si. In that sense, the Defendant had a duty to manage and preserve the instant forest for the victim by fulfilling the fiduciary duty until trading or exchanging the instant forest.

On the 6th day of the same month, the Defendant entered into a contract with the husband to exchange the forest land of this case owned by the victim and the building No. 201 on the land owned by the Plaintiff and the building No. 1 and the building J. 201 on the land owned by the G, exchanged the documents for transfer of ownership with H, and again entered into an exchange contract with H to exchange the above building with the land located in Pyeongtaek-gun, Gyeonggi-do owned by the said building. On the 10th day of the same month, in order to raise funds needed by the Defendant and K, the Defendant established a mortgage contract with the maximum amount of claims regarding the above commercial building and used the loan of KRW 30 million and divided it with K with the amount of KRW 20 million, and completed the registration of transfer of ownership with respect to the forest of this case on the 11th of the same month.

After that, H’s rescission of the exchange contract on the ground that it did not resolve the seizure of the forest land of this case and demanded the Defendant to resolve the above business building’s debt. The Defendant, as a solution to the above right to collateral security, has had M complete the registration of ownership transfer of the N land of this Y on July 15, 2008. On the other hand, H in violation of his duty against the victim, as a consideration for providing M’s land, designated by M as the forest of this case on August 6, 2009.