A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 2, 2015, the Defendant: (a) through D around 12:00 on July 12, 2015, the Defendant sold pigs supplied by the company and gave to the victim E a right to collateral security, if the Defendant created a right to collateral security with an enterprise designated to receive F apartment and 102 Dong 1001 real estate as collateral for the victim’s interest in the Si-Sung-gu Incheon Metropolitan City, which was owned by the victim; (b) KRW 200 million as the purchase price for the said real estate within 10 business days; and (c) immediately cancel the right to collateral security

The phrase “ makes a false statement.”

However, in fact, even if having received pigs by establishing a right to collateral security as above, it was not possible to pay the purchase price of KRW 200 million within a short period as well as within 10 business days after selling the said pigs and paying the purchase price of pigs to the supplier, and there was no intention or ability to cancel the right to collateral security as promised by the victim because there was no particular property, and there was no amount equivalent to KRW 250,000,000,000,000,000,000,000 won, including the credit payment of KRW 90,000,000.

On July 2, 2015, the Defendant was set up a right to collateral security equivalent to KRW 200 million on the part of the victim’s apartment complex G and creditors H, around July 2, 2015.

Accordingly, the defendant deceivings the victim and let G acquire property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement in the protocol of examination of witness E, D and I among the third public trial records;

1. A complaint filed by E;

1. Each statement protocol with respect to E and I;

1. A certificate of all registered matters;

1. Application of Acts and subordinate statutes to a report on investigation (written review of Defendant’s ability to repay);

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. 10 months to 2 years from the scope of the recommended punishment (unlimited to the punishment);

2. To cancel the registration of establishment of a right to collateral security against the defendant who has rendered a sentence;