A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

The defendant from April 17, 2015 to the same year.

5. From the time of November 13, the Defendant borrowed KRW 100 million from the victim B, and set up a right to collateral security of KRW 100 million with respect to the Defendant’s Asia-dong, Busan-gu, Busan-dong, as security, with respect to D Apartment E as the victim’s right to collateral security.

On October 15, 2015, the Defendant is obliged to enter into a lease contract with a new lessee on the expiration of the lease period with the lessee living in an apartment that was provided as security.

On the other hand, the right to collateral security will be created again after the entry of the new lessee, if the right to collateral security is terminated.

The phrase “the phrase was false.”

However, there is no fact that the Defendant entered into a lease contract with a new lessee, and the victim was willing to sell the above apartment and repay the debt to the senior mortgagee, so there was no intention or ability to re-establish the right to collateral security again.

On October 15, 2015, the Defendant acquired property profits equivalent to KRW 100 million by receiving documents necessary for the termination of the lower right of claim amounting to KRW 100 million, which was established as a collateral for the obligation amounting to KRW 100 million from the damaged party, and making a registration of cancellation.

Summary of Evidence

1. Statement by the defendant in court;

1. B Application of Acts and subordinate statutes to the prosecution and police reports on borrowing of written statements, a certified copy of real estate register, details of account transactions, investigation of and reporting on text details (verification of certified copies of donations, etc.);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of the recommended punishment according to the sentencing guidelines [type of determination]: The general fraud [type 2] and above KRW 100 million, less than KRW 500 million [the area of recommendation and the scope of the recommended punishment] and the basic area of the recommendation [the scope of the recommended punishment], one year to four years;

2. The amount of damage caused by the instant crime in which a sentence of sentence was rendered is significant;