On March 30, 2018, the Defendant was charged with non-detained in Seoul Western District Court for fraud and was sentenced to two years of suspended sentence for four months, and the said judgment became final and conclusive on April 22, 2019.

On September 22, 2012, the Defendant: (a) prepared a loan certificate stating that “The Defendant borrowed money from the victim B, KRW 32 million, KRW 10 million until October 22, 2012, KRW 22 million until January 22, 2013, and KRW 22 million until January 22, 2013, and KRW 2 million until January 22, 2013,” while the Defendant failed to repay the loan, the Defendant filed a lawsuit against the Defendant for a loan claim, and was ruled in favor of the Defendant on May 24, 2017.

On May 30, 2017, the Defendant: (a) prepared a collateral security agreement with the obligee E, the obligor E, the maximum debt amount, and the maximum debt amount of KRW 220,000,00,000, as if the Defendant had not fulfilled his/her obligation even though the Defendant had not performed his/her obligation with respect to the non-story C housing of Seodaemun-gu Seoul, the Defendant owned by the Defendant in order to be exempted from compulsory execution according to the above judgment; and (b) completed the registration of establishment of a collateral with the E maximum debt amount of KRW 220,00,000 on May 31, 2017.

Accordingly, in order to escape compulsory execution, the defendant shared false debt, thereby damaging the victim who is the creditor.

Summary of Evidence

1. Legal statement of the witness B;

1. Protocol of the police statement concerning B;

1. Written judgment (defluence of mortgage), written statement of borrowing, statement of distribution, and full certificate of matters to be registered;

1. Investigation report (execution of a warrant of seizure in Seodaemun Registry and response to data);

1. Investigation report (F Bank, the execution of warrant and reply of G Bank);

1. Each investigation report (the investigation of the chief prosecutor for the investigation);

1. Investigation report (to have telephone conversations of witness H);

1. Investigation report (verification of suspect photographs);

1. Investigation report (to have telephone conversations with the person in charge of the I Licensed Real Estate Agent Office in relation to matters under investigation direction);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the progress of relevant cases), and the application of Acts and subordinate statutes of the entire pleadings;

1. The corresponding provisions of the Criminal Act concerning criminal facts; and