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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On August 14, 2012, the Defendant was sentenced to ten months of imprisonment for fraud at the Suwon District Court and two years of suspended execution, which became final and conclusive on February 14, 2013.
1. On December 5, 2006, the Defendant and the victim D created a collateral security (hereinafter “instant land”) with a maximum debt amount of KRW 200 million on the H miscellaneous land 1,300 square meters at the same time owned by the Defendant’s wife on December 24, 2007 in order to secure the remainder of KRW 200,000,000, in order to purchase the E and F forest in E and F from E and to carry out a housing development project.
2. On January 2010, the Defendant, by deception, was urgently required to pay a bill of exchange, card payment, and bond repayment. The Defendant, upon cancelling the right to collateral security established on the instant land by deceiving I and D, was willing to sell the same after cancelling the right to collateral security established on the instant land.
On January 20, 2010, the Defendant sold the instant land to the said D and received KRW 200 million from the purchase price. On January 20, 2010, the Defendant was delegated by the said victim with the preparation of documents necessary for the registration of cancellation of the registration of the establishment of a neighboring mortgage.
However, even if the defendant cancelled the above right to collateral security and sold it and received the payment, he was thought to use the bill payment or the repayment of the above I's obligation, and there was no intention or ability to pay the victim's obligation.
As such, the Defendant, by deceiving the victim, had the victim cancel the said right to collateral security, thereby acquiring pecuniary benefits equivalent to KRW 200 million with the maximum debt amount.
Summary of Evidence
1. Legal statement of a witness I and J;
1. Partial statement of witness D;
1. Each prosecutor's protocol of examination of the accused;
1. The branch court of the Suwon District Court.