A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 27, 2008, the Defendant stated that “The Defendant would terminate the creation of a collateral security after the lapse of 1-2 months, on the part of the victim C, who was the husband of the mother’s mother, as he borrowed a loan from the Hawon-dong, Seongdong-gu, Seongdong-gu, Sungnam-gu, Sungnam-gu, Seoul, to sell the house in lots.” The Defendant stated that “The Defendant would terminate the establishment of a collateral security after the lapse of 1-2 months.”

However, there was no intention or ability to terminate the creation of a collateral security due to the excessive debt and there was no particular property or income.

As such, the Defendant, by deceiving the victim, had the victim acquire pecuniary benefits equivalent to the maximum debt amount, by establishing a collateral security right with the maximum debt amount as “250 million won”, “A”, and “E” on the D house in Gwangju-si, Gyeonggi-do, which is owned by the victim, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of F or C in the police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, including the fact that a person does not agree but is related to the actual transaction of money among his/her family members, the establishment