All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (the Defendant’s written statement submitted after the lapse of the period for filing an appeal is determined only to the extent of supplement in case of supplement) (1) mismisunderstanding of facts and misapprehension of legal principles, and the Defendant lawfully cancelled the sales contract, and completed the provisional registration of this case in G, thereby the crime of breach of trust cannot be

Even if the sales contract was not lawfully rescinded, the Defendant believed that the contract was lawfully rescinded, and thus, the Defendant cannot be deemed to have committed a crime of breach of trust.

② The provisional registration of the instant case, which the Defendant completed, was aimed at avoiding the application for provisional attachment of the instant land due to the obligation of loans worth KRW 600 million owed by B to I. As such, the instant provisional registration is null and void by means of false conspiracy, and the provisional registration of the instant case also becomes null and void by means of false conspiracy.

In addition, the victim company completed the provisional disposition registration prior to the provisional registration of this case.

Therefore, since the provisional registration of this case cannot be deemed to have caused damage to the victim company, the defendant cannot be punished as a breach of trust.

③ The amount of damages caused by the Defendant’s breach of trust should be deemed as the market price of the instant land. Since the sales price of the instant sales contract was set higher than the market price through negotiations between the Defendant and the victim company, it cannot be deemed as the market price, and the amount of damages should be objectively assessed as the market price.

In addition, even if the purchase price is the market price, the purchase price corresponding to the building portion on the instant land should be deducted.

Ultimately, since the market price of the land in this case is less than 50 million won, the defendant cannot be punished as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

④ Establishment of provisional registration of the instant land by the Defendant is at the time of the instant land.