A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of two years from the date this judgment became final and conclusive.

A. On April 1, 2010, the Defendant: (a) paid KRW 50 million to the victim on April 1, 2010; (b) actually repaid KRW 50 million out of the borrowed principal amount; and (c) even if the said money was paid as interest, not the principal, the Defendant provided another security to the victim; and (d) the Defendant did not deceiving the victim.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. Judgment on the assertion of mistake of facts 1) Summary of the facts charged in this case / [Basic Facts] Defendant is a person who engages in real estate development business by establishing a corporation "B" for the purpose of real estate development business.

On December 17, 2009, the Defendant borrowed KRW 100 million from the victim C, and on March 10, 2010, the Defendant created the right to collateral security of KRW 100 million with the victim as the creditor in both the Gyeonggi-si D and E.

[2] On April 1, 2010, the Defendant: (a) released the right to collateral security from C to sell D and E at KRW 1 billion in front of the Seoul Viewing Party’s main office in Jung-gu, Seoul; and (b) discharged the right to collateral security; and (c) paid at KRW 100 million in the face of the State; and (d) paid at KRW 50 million in a lump sum.

“Along with the receipt of the documents necessary for the termination of the mortgage on the same day from the injured party, he/she paid the interest of KRW 50 million on the loan and did not pay the principal KRW 100 million after the termination of the establishment of the mortgage on April 2, 2010.

In fact, the Defendant did not have any particular property or income except for the real estate purchased with the loan from F for real estate development business, and the Defendant could not cancel the right to collateral security of the F amount of KRW 2240,000,000,000 established on the real estate, and the Defendant was unable to repay the loan borrowed from G, etc., and the victim D and E.