Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On November 19, 2010, the Defendant borrowed KRW 50 million from the victim C at the General Law Office of Law Firm Taesung-dong, Daegu-dong, 13-4, and drafted a notarial deed of debt repayment contract with the content that the Defendant transferred the claim for return of KRW 23.7 million to the victim of the lease deposit against the “Tongsung-gu Eethode, Daegu-gu, Ethical Ethode,” which was leased and used from D as security.

As a result, the defendant was charged with the duty to enable the victim who is the assignee to meet the requisite for setting up against D by notifying the transfer of the claim to the above D for the victim or obtaining the consent of the transfer from D.

Nevertheless, on February 28, 2011, the Defendant violated the above duties and acquired the pecuniary benefits equivalent to KRW 23.7 million by offsetting the obligation with the above deposit to G, another creditor, and suffered damages equivalent to the same amount to the victim.

Summary of Evidence

1. Each legal statement of the witness C, G, D, H, and I;

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. Copy of the loan certificate;

1. A copy of a notarial deed;

1. A copy of the real estate lease contract;

1. Copy of the notification of assignment;

1. A copy of the monthly commercial rent contract;

1. Application of Acts and subordinate statutes on copies of receipts;

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;