A defendant shall be punished by imprisonment for six months.

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

Criminal facts

C is a corporation established for the purpose of construction business, etc. on March 13, 2013, and is the owner of land D and complex buildings on the main roads at Pyang-si. E is the person who implements the construction of a complex building on the said land, and upon November 9, 2015, C paid 301 among the complex buildings on the said main roads as a substitute for the construction cost, from the corporation Co., Ltd. on November 9, 2015. On December 9, 2015, G sold 301 subparagraph 130,000,000 won to the victim F, and at the time of the sale to H and G, the special agreement was concluded that E is responsible for completing the construction of the said building at the place where H and G, the actual representative of the corporation C, and the construction was completed on December 6, 2016.

On the other hand, the Defendant was an actual operator who acquired C from H on January 6, 2017, and was aware of the rights relationship under the above 301 with the delivery of a land and a building sale contract and a standard contract for private construction works in the process of acquisition. Thus, the Defendant had a duty to register the transfer of ownership under the above 301 to the victim after the preservation registration of new buildings.

However, the Defendant violated his duty and borrowed KRW 90,000,000 from I on January 19, 2017, and registered the establishment of the right to collateral security with the maximum amount of KRW 135,00,000 on January 20, 2017 with respect to the above KRW 301 on January 20, 2017, thereby obtaining property gains equivalent to KRW 90,000,000, the secured debt amount and causing property damage equivalent to the same amount to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes governing registration;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the choice of criminal facts;

1. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) are his/her own.