On April 2012, the Defendant took an attitude that he would purchase a building with a size of 9 square meters and a building on land (hereinafter “instant real estate”) owned by the victim D in the office located in the Busan Dong-gu, Busan, Young-do, Busan, and attempted to reconstruct F, the wife of the victim, by purchasing KRW 80,000,000,000 from the family of the husband of the party, which is the wife of the victim. First, the Defendant would receive loans from the owner of the instant real estate as security and pay the purchase price.”

However, in fact, the Defendant had no intention or ability to purchase or reconstruct the instant real estate. G, a branch of the instant real estate, offered as security and was planned to use some of the loans to repay the Defendant’s existing debts.

Nevertheless, the Defendant made a false statement to F and caused the victim to obtain a loan from H farming association corporation on April 17, 2012, when G obtained a loan from H farming association corporation, the Defendant set the right to collateral with respect to the instant real estate as collateral, which would constitute a maximum debt amount of KRW 50 million, and caused G to acquire pecuniary benefits equivalent to the value of the said right to collateral.

Summary of Evidence

1. The recording of statements by witnesses G in the seventh trial records;

1. The police statement of F (second installment) and the police statement of G;

1. Application of Acts and subordinate statutes to a real estate sales contract, cash storage certificate, duplicate copy of passbook, and entire registered matters;

1. The relevant provision of criminal facts and Article 347(2) and 347(1) of the Criminal Act’s reasoning for sentencing of punishment include 13 times prior to the Defendant, including 4 times prior to and four times, the victim’s loss of ownership of the instant real estate by the creditor’s execution of the right to collateral security; the Defendant has reversed his statement since the investigative agency; and the Defendant only tried to reverse his statement after the criminal investigation agency; the victim has not recovered from criminal liability at all; the victim’s side is a severe punishment; the amount of KRW 10 million out of 45 million established and loaned by the right to collateral security; and the victim’s wife F.