The purpose of the “F” was that “F made a registration of creation of a mortgage in the name of F on the land of the Dong-gu Daejeon Special Metropolitan City, Daejeon Special Metropolitan City, G Apartment 104 Dong-dong and 402, and the land of the Chungcheongnam-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, E, for the purpose of making a fraudulent gambling against the Defendant and securing the obligation incurred by gambling.”

However, the facts are as follows: (a) on January 5, 2012, the Defendant purchased the Seo-gu Daejeon District Court’s land, and (b) on March 6, 2012, the Defendant paid KRW 25 million, which is part of the amount of the right to collateral security established on the said site, to F; (c) on the basis of the loan certificate of KRW 39 million, which was reduced from KRW 45 million; and (d) on the basis of this, the Defendant created a collateral security right with KRW 48 million, the maximum debt amount of KRW 104,402, Dong-gu, Daejeon District Court’s G Apartment-dong, Daejeon District Court; and (b) upon borrowing KRW 100 million from F on March 6, 2012, the Defendant and the Defendant failed to file a claim for cancellation of the registration of the right to collateral security right, and (e) subsequently, the Defendant and the Defendant did not file a claim for cancellation of the registration of the right to collateral security right with the Daejeon District Court on March 20, 201.

2. Determination

A. A litigation fraud is a crime involving acquiring the other party’s property or pecuniary advantage by deceiving the court and obtaining a favorable judgment against him/her. The punishment of such a crime is inevitable to assert that the person is favorable to himself/herself.