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

On October 2016, the Defendant borrowed KRW 50 million to the Victim B, and around December 7, 2016, the Defendant set up a right to collateral security against the obligee, mortgagee, and the maximum debt amount of KRW 50 million against the obligor, with respect to the DNA Building E (hereinafter referred to as “D real estate”) owned by the Defendant’s father, Changwon-si, Inc, which was owned by the Defendant’s father, around December 7, 2016.

1. On May 2017, the fraud Defendant: (a) called the victim to dispose of D real estate; (b) made a new lease on a deposit basis on F-owned real estate located in Gangseo-gu Busan Metropolitan City (hereinafter “G real estate”) located in Gangseo-gu (hereinafter “G real estate”), located in Gangseo-gu, Busan, where the right to collateral security already established is cancelled; and (c) made a false statement to the effect that the said real estate has a value of security worth at least KRW 50 million.

However, in fact, the Defendant was planning to establish a right to lease on a deposit basis with a person having chonsegwon, using F’s seal impression and a certificate of personal seal impression, who had kept the brokerage of G real estate as a representative of a lease contract for G real estate, and did not have obtained F’s permission. Therefore, even if the victim had cancelled the right to lease on a deposit basis, the Defendant did not have the intent or ability to establish a valid right to lease on a deposit basis for G

Nevertheless, the Defendant, by deceiving the victim as above, had the victim, who was affiliated therewith, sent documents, such as a certified copy of resident registration necessary for the cancellation of the right to collateral security, to the certified judicial scrivener H, and around the 30th day of the same month, upon receiving documents from the victim, requested C to apply for registration of cancellation of the right to collateral security (the maximum amount of claims KRW 50 million) established on D real estate, thereby having C obtain pecuniary benefits from the cancellation of the right to collateral security.

2. On May 29, 2017, the Defendant forged a private document H. a certified judicial scrivener I in Changwon-si, Changwon-si.