1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

On April 5, 2011, the Defendant borrowed a total of KRW 67 million from May 17, 2010 to October 14, 2010, and completed the registration of creation of a mortgage over the maximum amount of KRW 60 million against the victim, as to KRW 304,000,000,000,000,000,000,000,000,000 won from the victim B, which was owned by the Defendant, on April 5, 201.

On November 20, 201, the Defendant stated that “The Defendant would create a new collateral after changing the ownership of the apartment in the future, the Defendant would have changed the ownership of the apartment in the future.” The Defendant said that “The Defendant would create a new collateral on the road in front of the Masan-dong Seosan-dong Seosan Pungsan Preamble.”

However, even if the registration of the establishment of a mortgage in the name of the victim was cancelled, the defendant had no intention or ability to establish the right to collateral security again after completing the registration of the establishment of a mortgage in the name of the beneficiary.

On December 2, 2011, the Defendant, as seen above, made a false statement to the victim and completed registration of cancellation of the registration of the establishment of a neighboring mortgage on December 2, 2011 with the victim, acquired pecuniary gains equivalent to KRW 55 million, which is the remaining collateral value of the said apartment, within the scope of the secured debt amount against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to B;

1. Application of each Act or subordinate statute to a loan contract, a certified real estate register, and a statement of account transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment: One month to ten years of imprisonment;

2. The sentencing guidelines [decision of types] The range of punishment for fraud crime group, general fraud type 1 (less than KRW 100 million) [the scope of recommendation] mitigation area: the special mitigation factors of imprisonment from one year to one year: non-specific aggravation factors of punishment.