A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 9, 2003, the Defendant entered into a contract with the victim to exchange “1607 square meters shares of 17752 square meters in the Gyeonggi-si Do D Forest, and 522 square meters in the name of the Defendant,” owned by the Defendant, with “1,607 square meters in the name of Gyeonggi-si Do” and “522 square meters in the name of E” owned by the Defendant, and entered into a sales contract with the victim, at the same time, after selling two real estate owned by the Defendant to a third party, to pay the purchase price.

Since the Defendant entered into an exchange contract with the “K apartment shop in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do,” which was owned by J and completed the registration of ownership transfer in the name of the Defendant’s wife at the above K apartment shop without registering the transfer of ownership to the Inn library owned by the victim, the Defendant, pursuant to the agreement, sold two of the above real estate owned by the Defendant to a third party, and the obligation to pay the purchase price to the victim.

Nevertheless, on June 10, 2010, the Defendant borrowed KRW 30 million from the room in Seocho-gu Seoul Metropolitan Government, to M in violation of the foregoing duties, and completed the registration of establishment of a collective security right with the maximum amount of KRW 40 million against the claim amount of KRW 522 square meters in the Gyeonggi-si, Gwangju-si, and the creditor-based collective security right with M as security.

Accordingly, the defendant acquired property benefits equivalent to KRW 40 million and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Investigation report (the details of the use of loans and hearing statements from victims);

1. Application of Acts and subordinate statutes on real estate exchange contracts, real estate sales contracts, certificates fully registered, and real estate entrustment contracts;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) and 355 (1) of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Criminal Code (the following favorable circumstances) is as follows.