Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

After borrowing KRW 30 million from the victim C, the Defendant set up a right to collateral security of KRW 42 million against the maximum debt amount of KRW 42 million with respect to Ilyang-dong, Busan-gu.

On April 4, 2013, the Defendant made a false statement to the victim of the F Real Estate Office in Yongsan-gu, Yongsan-gu, Busan Metropolitan City, that “If D land is in the process of auction, and the collateral mortgage in the name of the victim is terminated, the Defendant cancelled the auction with the loan from the Sari-gu, U.S. and then set up the second priority collateral mortgage again, and at the same time, the Defendant would make a new collateral mortgage creation even in the Dongsan-gu, Busan Metropolitan City, Busan Metropolitan City, the G owner of the G at the same time.”

However, the defendant was thought to cancel the auction by obtaining bonds rather than the Sluri Sari ar, so even if the victim terminates the collateral security, he did not have the intention or ability to set up the collateral security in the second order.

On April 10, 2013, the Defendant, by deceiving the victim as such, acquired the same amount of pecuniary benefits by cancelling the collateral security on April 10, 2013.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement regarding C;

1. A letter of undertaking;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) 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;