A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On October 23, 2014, the Defendant borrowed KRW 40 million from the victim B, and set up a right to collateral security with the victim’s father E and the maximum debt amount as KRW 40 million on the land owned by the Defendant, Hongcheon-gun C land and D land owned by the Defendant.

On July 2015, the Defendant: (a) in the G Office of the Defendant in Seocho-gu Seoul Seocho-gu, the Defendant: (b) stated in the indictment that “on the face of termination of the right to collateral security on the land located in Hongcheon-gun, Hongcheon-gun, the Defendant would obtain a loan or sell the land as collateral and repay part of the obligation to the victim”; (c) it is reasonable to deem that the Defendant said that he was said to have made the foregoing in full view of the statement made by the Defendant and the victim; (d) it corresponds to the Defendant’s assertion, and (e) it appears that there is no problem in guaranteeing the Defendant’s right to defense, since it is the part corresponding to the Defendant’s assertion, which is merely a part

However, at the time of fact, the Defendant did not have any operating expenses of the above office, resulting in borrowing KRW 140 million from H, and KRW 100 million from H, and even if the above land was extended as a collateral, the Defendant was planned to use it as operating expenses of the company even if it was planned to use the above land as a collateral, so the Defendant did not have any intent and ability to preferentially repay the debt even if the victim terminated the right

Ultimately, on July 22, 2015, the Defendant, by deceiving the victim as above, had the victim terminate the right to collateral security with the maximum debt amount of KRW 40 million established on the said land, thereby having the victim acquire pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Full certificate of the matters to be registered;

1. The cash loan contract, the certificate of deposit money issued under the Acts and subordinate statutes;