1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. In around 2005, the Plaintiff decided to purchase part of the forest of this case at D’s recommendation, which is a brokerage assistant of L brokerage office, and delegated D with the authority to purchase shares, and the registration of ownership transfer was completed on April 10, 2006 under the Plaintiff’s name with respect to the Plaintiff’s share on September 2, 2005 due to the sale and purchase contract as of September 2, 2005. On the same day, D also completed the registration of ownership transfer on September 2, 2005 due to the sale and purchase contract as of September 2, 2005.

(F) On the same day, M, N,O, P, and Q, in addition to the Plaintiff and D, completed the registration of ownership transfer of some shares in the forest of this case).

D Lending KRW 300 million to F on September 14, 2005, the Plaintiff purchased part of the J’s share out of the instant forest and received KRW 300 million from F on the same day as the forest land price, and borrowed KRW 1 billion from F on December 21, 2007, with the due date fixed as March 31, 2008, by stating that F will complete the registration of ownership transfer.

C. On June 17, 2008, D completed the registration of the transfer of shares on the part of the Plaintiff’s share in the instant forest, which is part of the Plaintiff’s share in the instant forest, as a security against the Defendant as to the foregoing loan obligation against E, as to the establishment of a neighboring mortgage (hereinafter “registration of the creation of a collateral”) indicated in the purport of KRW 900 million with the maximum debt amount (hereinafter “registration of the creation of a collateral”). D completed the registration of the transfer of shares on the part of the instant forest, which is part of the Plaintiff’s share in the instant forest, to G, F’s wife, as a security against F’s above loan obligation.

D was prosecuted by the Ulsan District Court 2013Kadan243 for the following facts constituting the crime, and the above case was tried together with other concurrent cases, and the above court sentenced D to two years of imprisonment on October 10, 2013.

Accordingly, D appealed on the ground of unfair sentencing, and the appellate court (Ulsan District Court 2013No926) rendered a judgment on January 24, 2014 on the grounds that D agreed with the victim F and the Plaintiff in the first instance trial and agreed with the victim in the appellate trial, and that it agreed with the victim in the appellate trial, it shall be sentenced to a suspended sentence of one year and six months.