The judgment of the court below is reversed.

No. 1 of the judgment of the defendant, No. 2-1 of the judgment of the court below, and No. 2-1 of the judgment of the court below.

Of the facts charged in this case against the Defendant, the lower court held that “The Defendant sold the victim G and H of Songpa-gu Seoul Metropolitan Building (hereinafter “instant commercial building”) No. 113 (hereinafter “instant store”) for KRW 1.5 billion to the victim G and H via K, who is a seat at a place in a Buddhist place on April 2008.

The intermediate payment of KRW 500 million is set off against the existing claim and the remainder KRW 500 million is paid with the instant store as security.

“A false statement,” and the same year

6. 11. The victims entered into a contract for the sale of commercial buildings directly with the victims as if they could sell the store of this case normally under the above conditions.

However, on July 2007, the Defendant decided to purchase the above commercial building in a lump sum, and paid the down payment with a loan of KRW 30 billion from the right to guarantee the teaching right, and then intended to pay the remainder as the sales price received by selling the above commercial building. However, on March 2008, the Defendant received a loan of KRW 20 billion from the National Bank around March 2008 and paid the sales price.

In the process, the Defendant concluded a trust agreement with the Korean Land Trust Co., Ltd. on the instant commercial building through an agreement with the Korean National Bank. According to the agreement with the Korean National Bank, the sales price of the commercial building should be deposited into the account designated by the National Bank (hereinafter “trust account”), but the Defendant could sell the commercial building.

Meanwhile, under the circumstances where the sale of the commercial building of this case was not properly performed at the time, the Defendant was placed in a considerable financial poor state since only the obligation owed to the branch in addition to the financial rights, such as the obligation to pay the amount of KRW 1 billion to K, etc., was placed in the financial status of approximately KRW 3 billion, and the Defendant was able to repay the obligation from the creditors.