The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have a big amount of debt at the time of purchase of the instant land. Since the construction was not carried out smoothly, and thus, the Defendant did not have the intent to acquire the instant land by fraud.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment, three years of suspended execution, and 120 hours of community service order) is too unreasonable.

2. Determination

A. On August 13, 2014, the lower court duly adopted and examined the following circumstances, namely, ① the Defendant purchased the instant land in the name of the Defendant’s wife in the name of the victim H on August 13, 2014, and the purchase price succeeds to KRW 3,50,000,000 from H’s loans to agricultural cooperatives, and paid KRW 1,50,000,000 upon the registration of ownership transfer. By November 30, 2014, the Defendant prepared a letter of performance of the promise to pay KRW 2,450,000,000 as the remainder of the purchase price upon receiving the loan from the bank, and ② the victims registered the ownership transfer of the instant land in the name of K on September 29, 2014, upon the Defendant’s request for provisional disposition 200,0000,0000,0000 from the purchase price for the instant land to be disposed of by the victim’s new ownership transfer on the ground of ownership transfer.