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

"2017 Highest 2979"

1. On December 17, 2012, the defrauded made a false statement to the victim C at the non-commercial coffee shop located in Seocho-gu Seoul Metropolitan Government, stating that “I will use and repay only one month with a loan of KRW 1.3 million as I want to pay money by investing in the next boat.”

However, since the defendant did not have any property such as real estate in the name of the defendant, even if he borrowed KRW 130 million from the injured party, there was no intention or ability to repay it within one month.

As such, the Defendant, by deceiving the victim, received 120 million won from the victim, by dividing 120,350 million won into several parts of his own check, and acquired it by fraud.

2. On December 17, 2012, the Defendant: (a) borrowed KRW 123.5 million from C as indicated in paragraph (1) around December 17, 2012; and (b) registered the establishment of a collective security right with regard to “the maximum amount of claims KRW 123.5 million; (c) the debtor A; and (d) the debtor A; and (c) the mortgagee G (C) with regard to KRW 204 in the Jung-gu Seoul Special Metropolitan City, Nowon-gu, the Defendant’s seat as security.

Around February 14, 2013, the Defendant created a collateral security and received delegation or approval from G with regard to the cancellation registration of the collateral security right, but around February 14, 2013, the Defendant: (a) requested the registration of the closure registration of the collateral security right at the office of a certified judicial scrivener I of Seocho-gu Seoul Metropolitan Government HH Building 505; and (b) allowed I to write “G, Yangcheon-gu Seoul Metropolitan Government J, 201, and 201,” on the delegation column of the power; and (c) allowed I to affix official seals of G, which were voluntarily followed by the said request.

For the purpose of uttering, the Defendant forged a letter of delegation in the name of G, a private document on rights and obligations.

3. On February 15, 2013, the Defendant, at the time of the event of the foregoing investigation document, had I file an application for the cancellation of collateral security at the registry office of the Seoul Central District Court located in Jung-gu Seoul Central District Court, which is 11-way, and he/she is aware of the forgery.