A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Criminal facts

On November 13, 2013, the Defendant borrowed 200 million won from the victim D on November 13, 2013, and registered the establishment of the right to collateral security of the obligor E and the maximum amount of 230 million won for the obligor E, Changwon-si’s counter Nos. 1, 2, 3, and 4 of F. 1st century.

On December 5, 2014, the Defendant, at the “G real estate office,” operated by the Defendant on the F1st underground of the window of Changwon-si, stating that “The Defendant, by cancelling the right to collateral security, would obtain a re-appraisal of the main building and obtain a loan from a financial institution to repay all obligations, and would make a registration of the establishment of the right to collateral security as originally intended if the loan is not granted.”

However, the Defendant had no intention or ability to recover the registration of the establishment of the right to collateral security from the original point of view, even though the Defendant had a large amount of debt at the time when the establishment of the right to collateral security was cancelled.

As above, the Defendant: (a) by deceiving the victim; (b) obtained documents related to the cancellation of the registration of the establishment of collateral security against the building from the injured party; and (c) completed the registration of cancellation of the registration of establishment of collateral security against the building on the same day; and (d) acquired

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. While taking account of the above evidence, it is recognized that at least the defendant had dolusent awareness of the crime, the defendant at the time was aware of the crime.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Where the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general fraud (at least 10 million won, but less than 500 million won) is reduced (at least 10 million won, 10 million to 2 years) [the person who has been specially mitigated] punishment is not imposed, or considerable damage is recovered (the decision of sentence] one year, and 2 years (the suspended sentence is subject to crimes).