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

On November 9, 2010, the Defendant borrowed KRW 100 million from the Victim C, and set up the right to collateral security with regard to D land and buildings owned by the Defendant, the maximum debt amount of KRW 100 million, and the right to collateral security with regard to the mortgagee.

Since then, the Defendant intended to obtain a loan for the construction cost of a factory to be newly built on the above land as collateral, but was not entitled to obtain a loan due to the above collateral, and on February 10, 201, at the victim's house of the E apartment 220 Dong-dong 1602 at Yangju-si, Yangju-si, the Defendant concluded that “I would not give a loan due to the prior collateral security in order to obtain a loan from the bank to obtain a loan for the land and building as collateral.” On the other hand, on the other hand, if the establishment of the collateral security is terminated, I would have to pay a loan of KRW 100 million and interest from the bank immediately.”

However, the Defendant had no intention or ability to repay KRW 100 million to the victim, because the Defendant had to use all the loans for the construction cost even if the right to collateral security was terminated and the loan was granted.

On February 14, 2011, the Defendant, by deceiving the victim and obtaining the consent from the victim to the rescission of the right to collateral security on the same day, obtained on February 14, 201, the registration of cancellation of the right to collateral security, and took property benefits equivalent to 100

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Examination protocol on the accused against the prosecution (the date of concluding a contract with multiple comprehensive construction companies, the details of the receipt and use of loans granted by the accused from a bank in Korea, the reasons why loans were not granted to the victim, the financial status of the accused, etc.)

1. A criminal investigation report by each prosecutor;

1. Application of statutes on financial transaction information, such as a certified copy of a register, notarial deed, borrowed certificate, receipt of factory construction, notification of delivery of a certificate of factory construction, confirmation of claim purchase, private construction contract, content certification, and financial transaction information

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.