A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Upon the introduction of the victim C, on April 13, 2012, the Defendant joined 100 million won (26 members of the fraternity, five million won of the monthly payment, five million won of the 26th payment, and the 26th payment), and first received the fraternity money, the Defendant set up a collateral security right of KRW 130 million of the maximum debt amount on the land and buildings in Seongbuk-gu Seoul E site and buildings owned by the Defendant (hereinafter “instant real estate”) for the purpose of securing the payment of the fraternity money equivalent to KRW 130 million on the same day.

The defendant from April 13, 2012 to the same year.

9. As a result, the payment of a limit of KRW 48 million was no longer possible after the payment of a limit of KRW 48 million was made by July 2, 201, the Defendant had already taken over one of the entire accounts between the Plaintiff and D and the Defendant, and the victim, and paid KRW 82 million to the remainder of the payment. On September 18, 2012, the registration of the establishment of a limit of KRW 48 million on the instant real estate was cancelled, and at the same time, the mortgage amount of KRW 80 million was created in the name of the victim.

On September 28, 2012, the Defendant made a false statement to the effect that “In order to cancel the registration of the establishment of a collateral in the name of a victim, which was established on the instant real estate, the Defendant would obtain a loan from a bank as collateral and pay 65 million won in lump sum to the victim immediately, and if the loan is not made, the Defendant would transfer the instant real estate to the ownership of KRW 420 million until October 5, 2012.”

However, at the time, the Defendant incurred losses equivalent to KRW 20 million due to fund, fraternity, etc., and the bank loans amounting to KRW 500 million and KRW 100 million were economically difficult. Since a new bank has already obtained loans equivalent to KRW 226,974,346 within the maximum amount of maximum debt within the scope of KRW 268,80,000,000 from a new bank as collateral of the instant real estate, the said loans are preferentially repaid to the victim even after receiving additional loans.