A defendant shall be punished by imprisonment for six months.

Punishment of the crime

In around 2009, the Defendant borrowed KRW 60 million from the victim D due to the lack of construction cost of Kimhae-si (5 stories, 8 households, 639.76§³, hereinafter “the instant real estate”), and made a provisional registration (hereinafter “the instant provisional registration”) against the victim on the right to claim transfer of ownership against the 8 generation of the above loan (hereinafter “the instant provisional registration”).

The Defendant, even though he did not have the intent or ability to repay 60 million won of the borrowed money to the victim, by deceiving the victim to cancel the above provisional registration, and had the victim receive the above building as collateral.

On February 14, 2012, the Defendant made a false statement that “The Defendant would first receive a loan from the victim on the face of the cancellation of the provisional registration for the establishment of the lower building, and pay 60 million won to him/her.”

However, the Defendant received a loan from the above building as collateral and lent the total amount of the loan to the H company operating G, so there was no intention to pay the victim the loan amount of KRW 60 million, and there was no other property, and there was no ability to repay the loan to the victim except the above loan.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim cancel the provisional registration of this case for the purpose of securing the amount of 60 million won borrowed from the victim's position, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Each legal statement of I, D, and J;

1. Each police statement made to D, I, and J;

1. Application of statutes to a copy of the details of transactions, full certificate of registered matters, and compliance note;

1. In the event that a loan was made after the provisional registration of this case was cancelled, the Defendant and his defense counsel agreed in advance with the victim to pay 60 million won to the victim, and thus, the intent of defraudation is intended.