The sentence of sentence shall be suspended for the defendant.

Punishment of the crime

Around November 14, 2003, the Defendant entered into a sales contract with the victim D to sell land owned by the Defendant, E, F, G, H, I, and J (a total of 11,012 square meters; hereinafter “instant real estate”) in public real estate in public land in public land in public land in public land in public land in public land B, and received KRW 20 million as the down payment on the same day and received KRW 20 million as the intermediate payment on December 29, 2003. As such, the Defendant received delivery of KRW 20 million as the part of intermediate payment on December 29, 2003, at the same time, at the same time, the Defendant canceled the collateral set up on the instant real estate and received the remainder from the victim, and at the same time, performed the registration of the transfer of ownership.

A. On March 2, 2011, the Defendant, in violation of his duty, entered into a mortgage agreement with the debtor A, a union, or a person holding a right to collateral security as collateral and completed the registration of establishment of the right to collateral security on the same day.

As a result, the Defendant acquired financial benefits equivalent to KRW 14 million, the maximum amount of the above-mortgage-mortgage-mortgage-mortgage-backed claims, and inflicted damages equivalent to the same amount on the victim.

B. On April 12, 2012, the Defendant violated his duties, and subsequently revised the facts charged as collateral on the entire real estate of this case, the facts charged as collateral, among the instant real estate, was deemed to have established a collateral on the entire real estate of this case. However, inasmuch as the right to collateral was established only on some of the land, the Defendant revised the facts charged ex officio.

A entered into a contract to establish a right to collateral security with the maximum amount of a claim amounting to KRW 560,000,000,000 for the debtor and the mortgagee, and completed the registration of establishment of the right to collateral security.

Accordingly, the Defendant acquired financial benefits equivalent to KRW 560,000,000,000, which is the maximum amount of the above-mortgage claim, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Witness D's testimony;