On March 21, 2013, the Defendant concluded a false statement to the effect that “The Defendant would purchase three parcels of 1987 square meters, G 807 square meters, and H 496 square meters of forests and fields owned by the Victim E in the D Licensed Real Estate Agent Office located in Chungcheongnam-gun, Hongsung-gun, Hongsung-gun, for KRW 168,00,000, and KRW 168,000,000 of the maximum debt amount on the said land, and the obligor, E-mortgage, and Redbuk-gun, the Defendant would enter into a sales contract regularly after the Defendant offered the said land to a third party as collateral and canceled the first priority mortgage.”

However, the defendant did not have funds to purchase the above land, and as if he purchased the above land, the defendant deceiving the victim to provide the above land to I as collateral, and borrowed money from I to use it as personal.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim establish the right to collateral security with the victim I as the maximum debt amount of 450,000,000,000 won on the same day, and the debtor, the defendant, and the mortgagee of the right to collateral security, borrowed 300,000,000 won from I as the collateral, and used 123,097,544 won as the collateral to repay the secured debt of the first priority right, and acquired the pecuniary benefit equivalent to the remaining 176,90,456 won at will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the Prosecutor's Office;

1. Each police interrogation protocol of K or L with each police officer;

1. Each police statement of the victim;

1. A written statement of the victim;

1. Application of a certified copy of the register, written consent to provide security, or copy of verification document;

1. Reasons for sentencing under Article 347 (1) of the Criminal Code of the pertinent statutory provisions for criminal facts [the range of recommending punishment] General Frauds and the basic area (one to four years) (one hundred million won or more and five hundred million won or more) of the basic area (one to four years) [the decision of sentencing] [the defendant of the same kind in six months] of imprisonment.