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

An applicant for compensation order shall be dismissed.

Punishment of the crime

On October 10, 201, the Defendant: (a) on the part of the victim B, who was located in the Sinju-si, Sckinginging Party C, paid a sum of KRW 130 million to the victim’s residence; (b) on the part of the land owner and settled accounts; and (c) on the part of the victim B, 50% of the proceeds therefrom, the Defendant borrowed KRW 130,000,000 necessary for the construction of a new building. On the other hand, the Defendant paid a sum of KRW 30,000,000,000 borrowed from the victim on March 7, 2007, and KRW 130,000,000,000,000 and KRW 40,000,000,000,000 to be borrowed from the new building for the future. In return, the Defendant offered the land to another person as security and provided the principal to the victim within 30 days after the completion.

However, the Defendant did not have obtained the consent of F, the nominal owner of the land and the building, and joint business proprietor, with respect to the issue of giving priority to the victim the above building as collateral. Rather, F agreed with F to preferentially repay the debt secured by the instant land and the building, and the said land had already been established as the right to collateral security on June 18, 2010, and there was no specific fact-finding on the possibility of additional loan. Therefore, even if the victim borrowed money from the victim, the victim did not have any intent or ability to pay the principal to the victim within 30 days after the completion of construction.

Accordingly, the Defendant, as seen above, belonging to the victim and believed it to be the victim, was KRW 10 million around October 10, 201, KRW 40 million around October 18 of the same year, and KRW 2,11,00 on November 22 of the same year.