The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) G did not report to the Defendant that “the injured person paid the remainder of 104 dong 1003, 1003 (hereinafter “the apartment of this case”) of Gangnamyang-gun, Gangwon-gun, and the Defendant did not intend to commit a breach of trust since it completed the registration of the transfer of ownership of the apartment of this case under the buyer J’s name without knowing the remainder payment of the injured person.

2. In light of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the court, it can be recognized that the Defendant disposed of the instant apartment with the intention to commit a breach of trust with dolus negligence.

Defendant’s assertion is without merit.

① As alleged by the Defendant, there is room to suspect some of the credibility of G statements, including the following facts: (a) what the statements made between G and the victim regarding the existence of the remaining payment before and after the payment of the purchase price; and (b) the fact that the said purchaser first pays the remainder to the certified judicial scrivener in charge of the payment of the purchase price; and (c) the procedure for the registration of ownership transfer was immediately conducted; and (d) there is a doubt about the circumstance in which the victim failed to obtain the

However, the defendant himself received the remainder from W before he deposits the remainder and directly managed the defendant after he received the agricultural bank account in the name of E Co., Ltd. in which the victim paid the remainder.

Although the victim tried to pay the balance from the victim to transfer ownership, the victim did not have any intention to sell the apartment of this case first, he disposed of the apartment of this case to others.

As it appears that the spirit of the recent years is provokingd with memory in a stable state, “one of the preferential buyers is exempt from transfer of ownership without having paid any balance and then from returning money later.”