Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Around December 21, 2011, the Defendant agreed to proceed with the new construction of a collective housing on the land outside of E, Kimcheon-si, the Defendant owned by the victim D and the Defendant, and entered into a sales contract to sell the said land to the victim for KRW 1.03 billion, and completed the registration of ownership transfer in the name of the victim on or around the 22th of the same month.

On June 2, 2014, the Defendant concluded that “law firm G,” located in the Gu, Si, Si, and Gu, “A law firm G,” stating, “The cost of civil construction is required for the implementation of a collective housing project. If the Defendant established a collateral security on the land of Kimcheon-si and H and borrowed KRW 20 million in four names, he/she will use it as civil construction cost.”

However, in fact, when the defendant had joint and several surety guaranteed by the defendant I, he received the above loan from the defendant I and thought that he would be used to repay the above I's joint and several debt, but did not think that he will use it as costs of civil works.

The Defendant, at around the third day of the same month, borrowed L from L in the name of the victim at the “K Certified Judicial Scriveners Office” located in the Daegu Suwon-gu J on the 3rd day of the same month, and had the victim set up a collateral security right of KRW 25 million with the maximum debt amount on Kimcheon-si and H land owned by the victim, Kimcheon-si, Kimcheon-si, and the debtor, the victim, and the mortgagee, who received KRW 20 million from the said L.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness L;

1. Part of the statement made by witnesses D in the third protocol of the trial;

1. A protocol of examination of part of the defendant by prosecution;

1. Prosecution investigation report (to listen to I and M telephone statements);

1. Police investigation report (written evidence of a suspect, submission of evidential material, submission of evidential material by a complainant, attachment of a loan certificate, and telephone conversations of a witness I);

1. The defendant and his defense counsel’s assertion in the content certification (as of October 27, 2015), the witness A recording document, and the defendant and his defense counsel.