A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 23, 2009, the Defendant entered into a sales contract with the victim E, and 462.8 square meters out of 957 square meters of forest land located in Seoyang-dong, Seoyang-gu, Incheon Metropolitan City (hereinafter “instant forest”).

The Defendant and the victim agreed on May 23, 2009, the intermediate payment of KRW 76 million on the date of the contract, the intermediate payment of KRW 19 million on May 23, 2009, and the remainder of KRW 95 million on July 23, 2009 due to the payment of the documents required for the registration of ownership transfer of the forest of this case.

In accordance with the agreement, the Defendant received down payment of KRW 19 million from the victim immediately, and 76 million from the intermediate payment around May 22, 2009, and received KRW 35 million as part of the remainder on July 23, 2009, and upon receipt of the remainder, the Defendant’s duty to implement the procedure for the ownership transfer registration of the forest of this case occurred.

On September 20, 2010, the Defendant took out loans of KRW 130 million from an Ansan Mutual Savings Bank Co., Ltd. in violation of the aforementioned duties, and completed the registration of creation of a collateral of KRW 195 million for the forest of this case in the future of the Ansan Mutual Savings Bank. As such, on July 25, 2007, the Defendant terminated the registration of establishment of a collateral for the forest of this case in the name of the Busan Mutual Savings Bank, an amount equivalent to KRW 100 million for the forest of this case, which was paid for the forest of this case in the amount equivalent to KRW 100 million out of the funds borrowed.

In this respect, the Defendant acquired financial benefits equivalent to KRW 30 million after deducting an amount equivalent to KRW 100 million used for the repayment of existing loans from the amount of KRW 130 million loan of Ansan-gu Mutual Savings Bank, and sustained damages equivalent to the same amount as the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Part of the Defendant respectively;