A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On December 31, 2009, the Defendant entered into a sales contract with the victim H and the Defendant on the size of 572 square meters out of the Icheon-si I forest land in which the Defendant actually owns.

The Defendant received down payment of KRW 15 million from the injured party on the day of the contract, and received KRW 20 million from the injured party on the day of the contract, and the remaining KRW 83,100,000,000,000,000 were to succeed to the ratio of shares to be purchased by the injured party, and the Defendant agreed to register the transfer of ownership to the injured party after completing development activities on the above forest and field.

As above, the Defendant received KRW 35 million in total from the injured party as the down payment and intermediate payment. Therefore, when the injured party succeeds to the foregoing secured obligation and the aforementioned forest development activities are completed, the duty of the injured party to perform the registration procedure for the transfer of ownership of 572 square meters out of the said forest land was incurred.

Around November 16, 2010, the Defendant borrowed KRW 200 million from M through L from the K Certified Judicial Scriveners Office located in the J of Yongcheon-si around November 16, 2010. On the same day, the Defendant established a right to collateral security of KRW 5107/200,000 for shares of creditors M and the maximum amount of claims KRW 220,000,000,000 from among the above forests and fields, and around December 23, 2011, additionally borrowed KRW 100,000 from M from L from the above certified judicial office office around December 23, 201, established a right to collateral security of KRW 1651/206 to transfer from the above forest and fields to the victim from among the above forests and fields on the same day.

Accordingly, the Defendant established the right to collateral security on two occasions in violation of the above duties, acquired the benefit of property in the market value, and caused the victim to suffer the loss of property in the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of H, N,O, or L;

1. A protocol concerning the examination of suspect of the prosecution concerning P;

1. A certified copy of each real estate registry;