A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of the E-company.

The Defendant, at around June 16, 2013, at the office of the “G Official Brokerage Office” located in F of the Busan District Department, the Defendant was under circumstances where the Defendant was unable to repay the loan because the loan constructed in many sites was not well sold, and even if the Defendant received the lease deposit from the victim H, the Defendant did not have the intent or ability to cancel the senior mortgage to use it at another construction site. However, the Defendant would immediately cancel the right of collateral security set forth in the above 301, which is set forth in the above 301, by the broker I, to the Defendant via the broker I, even though he did not have the intent or ability to cancel the senior mortgage to use it at another construction site.

“Falsely speaking, “The sum of KRW 100,000,000 for down payment on June 16, 2013, KRW 60,000,000 for intermediate payment on July 17, 2013, and KRW 30,000,000 for remainder payment on July 25, 2013, respectively, was remitted to the account (Account Number:K) in the name of the E Co., Ltd. and subsequently, acquired KRW 100,00 in total.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The statement made by the police with H [the defendant and his defense counsel] of each police station's statement made with H [the defendant and his defense counsel wanting to cancel the priority mortgage which was held as the price for the sale of loans from other households, and therefore there was a criminal intent of fraud

It argues that the defendant cannot be seen as having no intention or ability to cancel the right to collateral security.

However, according to the evidence duly adopted and examined by this court, the Defendant, at the time of entering into a lease contract with the victim, decided to convert the leased loan into the leased lease because the sale of the leased loan by another household is not abundance. As such, the lease contract was concluded as a part of the judgment. In addition to the down payment and intermediate payment that the Defendant received from the injured party, the above down payment and intermediate payment shall be made in a situation where the Defendant can additionally repay the secured obligation of the senior collateral security interest to raise funds.