Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendants are those who jointly run real estate development business company F in Pyeongtaek-gun E.

around March 28, 2013, the Defendants entered into a contract with the victim G to sell KRW 270 million to the victim H or I forest owned by the Defendants, and the contract was rescinded because the contract was not performed despite the payment of KRW 110 million under the pretext of contract deposit and intermediate payment, and the victim did not return the down payment and intermediate payment to the victim. Around March 27, 2015, the Defendant was sentenced to the Seoul Eastern District Court to pay KRW 13,504,891 to the victim around June 24, 2015, and around June 19, 2015, the Defendants issued a written promise to pay KRW 155,651,820 to the victim’s share as damages incurred from the nonperformance of the obligation, etc., and prepared a written promise to pay KRW 155,6820,000 to the Defendant’s share in the forest under the name of 15,065,000 square meters of the forest in this case.

The Defendants attempted to borrow the instant forest land as collateral but the victim’s right to collateral was harmed by the mortgagee’s right to collateral security, and thus, at the “M office located in Seongdong-gu Seoul Metropolitan Government L 1101 on October 7, 2015, the Defendants made a false statement that “If the Defendant temporarily cancelled the collateral security of the instant forest, 86,00,000 won shall be granted a loan from a bank as collateral and shall be paid first until October 31, 2015, and the remaining amount shall be paid by December 31, 2015, KRW 75,551,820,000 shall be paid by December 31, 2015.” Accordingly, the Defendant filed an application for the cancellation of the aforesaid collateral security registration with the Chuncheon District Court on October 23, 2015 for the cancellation of the said collateral security registration.