A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant is a person who operated the mechanical manufacturing chain Co., Ltd. in Daegu-gu D from June 2004 to December 2012.

On November 12, 2009, the Defendant offered P land, buildings, etc. (hereinafter “real estate of this case”) owned by the said company as security at the branch of the Seongbuk-gu Busan Industrial Bank Seongbuk branch of the Korea Industrial Bank of Korea located in Daegu-gu, Daegu-gu, and borrowed KRW 1 billion.

On May 2012, the Defendant stated that “In order to cancel the right to collateral sale of the instant real estate, the Defendant would pay KRW 200 million to the sales price of the instant real estate and offer two of the CNC mining center, which is equivalent to KRW 650 million, at the new market price, if the right to collateral sale is terminated.”

However, the fact was that two of the CNC mining center that the Defendant offered as security (hereinafter “instant CNC mining center”) was merely a leased machine from Samsung Card Co., Ltd., and was not owned by E., and as the Defendant did not obtain consent from Samsung Card Co., Ltd. in providing the said machine as security, the Defendant could not provide the said machine as security.

Nevertheless, around May 15, 2012, the Defendant offered two said CNC bargaining center as collateral as if it were owned by E, and had the victim terminate the right to collateral equivalent to KRW 1.2 billion of the maximum debt amount regarding the instant real estate on the same day.

Accordingly, the Defendant, by deceiving the victim, obtained pecuniary benefits equivalent to the equivalent amount of 1.2 billion won by cancelling the right to collateral security equivalent to the maximum debt amount.

Summary of Evidence

1. Legal statement of the witness Q Q;

1. Statements made by witnesses R, S and J in the second trial records;

1. The statement of witness T in the third protocol of the trial;

1. Statement by prosecution against U;

1. A loan agreement and summary of the termination of factory mortgage;

government offices, security transfer contracts, notification of ownership of leased property, lease contracts, and .