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

Punishment of the crime

The defendant is the head of family.

A victim C purchased land from D and E in a lump sum at KRW 80 million in total from the purchase price of the land No. 2-9 of the attached Table No. 200 million No. 2-9, which is owned by D and E, but the registration was immediately transferred to F and G, which is the trustee, and again, on September 29, 2006, the registration was transferred to the Defendant by making a title trust agreement with the Defendant under the oral title trust agreement with the Defendant.

Around February 15, 2008, the victim continuously purchased the land No. 1 in the above attached list No. 4 million won owned by H from around February 2008. However, according to the oral title trust agreement with the Defendant, the victim transferred the above land to the Defendant by making a title trust with the intermediate omission registration type on February 15, 2008.

The Defendant, upon receipt of the registration pursuant to the above title trust agreement, kept each of the above lands on behalf of the victim. Around June 14, 201, in order to secure the Defendant’s husband’s obligations, the Defendant created a joint mortgage over each of the above lands with the maximum debt amount of 200 million won, and embezzled it.

Summary of Evidence

1. Each legal statement of witness C, J and K, L and part of the legal statement of witness L and M;

1. Some of the prosecutor's protocol of interrogation of the defendant (C's statement)

1. Form of a written agreement;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 4, 7 through 10, 12, 13, 18, 21 and 26 of the evidence list);

1. Determination of the relevant Article of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts and the choice of punishment, and the defense counsel’s assertion of choice of imprisonment

1. Summary of defense counsel's assertion;

A. The Defendant: (a) there is a defect that the market price of N forest 5,950 square meters and O forest 3,310 square meters, etc. (hereinafter “victim’s intermediary land”) purchased through the introduction of the victim is too small; and (b) there is a defect that the victim would file a complaint as a crime of fraud; (c) the victim would not file a complaint; and (d) the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).