A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On December 5, 2014, the Defendant registered the establishment of a right to collateral security equivalent to KRW 300 million with respect to the commercial building located in the Hadong-gun, Chungcheongnam-gun, Gyeongnam-gun, which was owned by the Defendant, from October 2010 to the victim C who had a relationship with the Defendant from around October 2010.

On July 2017, the Defendant had a contact with the victim of the mobile phone from the victim of the mobile phone to “the amount of 20 million won off and the amount of money is changed to 50 million won as it is necessary to pay the amount of money to move the main points D now operated,” and the victim would receive a loan from the victim as collateral if the registration of the establishment of the right to collateral security under the victim’s name was cancelled.

“A false statement” was made.

However, even if the registration of the establishment of the right to collateral security on the above commercial building was cancelled, the defendant did not have the intent and ability to pay 50 million won to the victim with the loan secured by the above commercial building.

Nevertheless, on July 28, 2017, the Defendant: (a) by deceiving the victim; (b) had the victim cancel the registration of the establishment of the right to collateral security equivalent to KRW 300,000,000,000 of the maximum amount of the claim that was made in the above commercial building; and (c) obtained pecuniary benefits equivalent to the amount

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes governing registration;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that there is little actual damage even if the registration of the establishment of the right to collateral security was cancelled due to the lack of the established collateral obligation, and the defendant paid KRW 10 million to the victim before the cancellation of the registration of the creation of the right to collateral security, and all the arguments of this case, such as the defendant's age, sexual conduct, environment, background, means and consequence of the instant case, and circumstances after the crime.