On February 3, 2012, the Defendant was sentenced to ten months of imprisonment for fraud and two years of suspended execution at the Daegu District Court on February 3, 2012, and the said judgment became final and conclusive on February 28, 2013.

On July 4, 2007, the Defendant, along with C on July 4, 2007, agreed with C to set up a collateral security of KRW 300 million with respect to the G building 101 in Yongsan-gu Seoul Metropolitan Government, if the Defendant lent KRW 300 million to the victim F.

On July 5, 2007, the Defendant received KRW 270,000,000,000 from the victim to the account under the name of the Defendant, after deducting KRW 30,000 from the victim’s prior interest, according to the agreement, there was a duty to implement the registration procedure of creation of collateral security against Article 101 of G building.

On March 3, 2009, the Defendant sold G building 101 to H around KRW 680,000,000,000, and completed the registration of ownership transfer for G building 101 at the registry office in the same day.

Accordingly, the defendant acquired property benefits equivalent to KRW 32,546,706, and suffered damages equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A copy of a detailed statement of savings deposit transactions and foreign exchange slips;

1. A certified copy of the register;

1. Investigation reports (calculated of amount of damage on property);

1. Previous convictions indicated in judgment: Application of the Acts and subordinate statutes for inquiry reports and investigation reports (report on the previous disposition and the results of confirmation);

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Since Article 39(1) latter part of the Criminal Code exempted from punishment was already punished as a crime of fraud prior to the latter concurrent crimes of Article 37 of the Criminal Code with respect to a crime by which the defendant acquired a loan of KRW 300 million, which is a collateral obligation of the right to collateral security, which is the collateral obligation of the right to collateral security that the defendant promised to set up against the victim, there is deception that there was no intention to set up the right to collateral security at