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

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

Punishment of the crime

On December 21, 2009, the Defendant entered into a sales contract with the victim E and the Defendant for a 660 square meters out of 5,050 square meters of forest land located in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant owned.

On January 21, 2010, the Defendant and the victim agreed to pay 13 million won the down payment, 70 million won the intermediate payment on January 21, 2010, and 47 million won the remainder due to the payment of the required documents for ownership transfer registration with respect to part of the forest as above on February 21, 2010.

According to the agreement, the Defendant received down payment of KRW 13 million from the victim immediately, and received KRW 70,000 from the Korea Saemaul Depository, which is located in Cheongju-dong, a considerable amount of Cheongju-si, on January 21, 2010, an intermediate payment of KRW 70,000,000. Therefore, on February 21, 2010, the remaining payment date, the Defendant performed the procedure for the registration of ownership transfer of part of the forest.

However, on February 23, 2010, the Defendant, in violation of the aforementioned duties, completed the registration of the establishment of a neighboring mortgage with respect to the forest land at issue, which is KRW 150 million with respect to G, from the registration division of the Cheongju District Court located in the Cheongju-dong, Chungcheongnam-gu, U.S., U.S., on April 5, 2010, the establishment of a neighboring mortgage with respect to H as to the forest land at issue, which is KRW 75 million with respect to the maximum debt amount, from the registration division of the above court on April 5, 2010, and on May 4, 2010, the registration division of the above court and the registration division of the above court completed the registration division with respect to the forest land at issue

As a result, the Defendant acquired the benefit of property in the market value, which is the part of the secured debt amount for the part of the above forest land to be sold to the victim, and suffered the loss equivalent to the same amount.

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. Statement made by the witness J in the third protocol of trial;

1. Statements made by witnesses E in the fourth trial records;

1. A protocol concerning the suspect examination of the accused;

1. Each prosecutor's statement to E and J;

1. The police of E.