The judgment of the court below is reversed.

The defendant shall be innocent.

Around February 11, 2011, the Defendant was guilty of the facts charged of this case by misapprehending the legal principles or by misapprehending the legal principles, despite the completion of the principal registration procedure based on the provisional registration on the right to claim ownership transfer registration of G name on December 8, 2001 with respect to the land owned by the Defendant, Namwon-si, Namwon-si, Seoul, the Defendant, which is the Defendant, on December 11, 201, but there was no risk of undermining creditors due to other property sufficient to secure creditor execution at the time. In addition, even if the principal registration procedure based on the provisional registration is not a false transfer, the lower court found the Defendant guilty of the facts charged of this case.

The punishment sentenced by the court below (six months of imprisonment, one year of suspended execution) is too unreasonable.

On March 6, 1985, the Defendant acquired ownership of the instant real estate on March 6, 1985. On February 2, 2000, the Defendant completed the registration of creation of a false mortgage amounting to KRW 150 million with respect to the instant real estate as the creditor with F, who is the land owner, for the purpose of evading the debt in preparation for a lawsuit related to the property of the former husband. On March 24, 2001, the Defendant completed the registration of creation of a new mortgage amounting to KRW 10 million with respect to the instant real estate with the maximum debt amount of KRW 40 million with respect to the said real estate as the creditor, and on March 24, 2001, completed the registration of creation of a new mortgage amounting to KRW 40 million with respect to the said real estate in the name of the said F.

On December 8, 2001, the Defendant filed a provisional registration of the right to claim ownership transfer registration in the name of G with respect to the instant real estate on December 8, 2001, and on February 20, 2002, the victim H made a provisional attachment with respect to the instant C claim amounting to KRW 75 million (related to civil litigation between the Defendant and the victim as seen below).

3,503 square meters of the Nam-gu I Forest Land (which was divided into J, K, and L since 2003; the Defendant as of April 11, 201, owned the said I Forest Land and 228 square meters of the K Forest and 55 square meters of the K Forest and 3,503 square meters.