A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant is the actual owner of the above real estate under title trust in the name of Q, the wife of the Defendant, who held the title of C, D, E, F, G, H, I, J, K, L, M, N,O, P (total 14 parcels, hereinafter collectively referred to as “instant real estate”).

On November 5, 2009, the victim R filed a lawsuit against Qu et al. on behalf of the defendant to preserve monetary claims, such as the claim for the construction cost, against the defendant in the Chuncheon District Court on behalf of the defendant, and filed a lawsuit on April 25, 201 against the above Qu et al. on the registration of transfer of ownership to the real estate of this case. The mediation was concluded to the effect that "the defendant shall grant the victim a right to collateral security of KRW 100 million with a maximum debt amount of KRW 100 million to the real estate of this case in order to reimburse and secure the payment to the victim of the non-paid construction cost up to the lower court on February 25, 2012." Accordingly, on June 7, 2011, the defendant completed the registration of establishment of a mortgage over the second-order maximum debt amount of KRW 100 million with the defendant as the debtor

Around April 19, 2012, the Defendant, at the office of the certified judicial scrivener in Seoul Special Self-Governing City, made a false statement to the victim, “The Defendant is conducting an auction with respect to the nine parcels other than theO among the ten parcels of the instant real property (Seoul Special Metropolitan City C, D, E, F, I, K, L, M,O, P) on which the U.S. Co., Ltd. owns the first-class collateral security (O.). However, upon cancellation of the second-class collateral security in the name of the victim on the ten parcels of the said ten parcels, the Defendant would lend the money to the U.S. Special Metropolitan City Co., Ltd., which is the first-class collateral security, and then settle the said auction, and then receive a loan from the financial rights, such as community credit cooperatives, etc., and would repay KRW 50 million out of the debt to the victim.”

However, in fact, the Defendant did not have any special property and did not have any personal ability to pay the above KRW 50 million for the accumulated debt amounting to KRW 80,000,000,000,000.