The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The sentence of the court below that sentenced three years to the defendant is too unreasonable.

2. We examine ex officio before determining the grounds for appeal by the defendant.

A. On May 26, 2015, the lower court found the Defendant guilty of having obtained pecuniary benefits worth KRW 550 million, the maximum debt amount of the right to collateral security, by deceiving the victim and forcing the termination of the right to collateral security under the victim’s name on or around May 26, 2015.

B. 1) In cases where the Defendant acquired pecuniary benefits by deceiving a person to cancel the right to collateral security, which ultimately means acquiring pecuniary benefits that may be exempted from the provision of collateral against the secured obligation, and, in principle, the amount acquired by deception is equivalent to the secured value. However, in cases where the actual amount of credit at the time of cancellation of the right to collateral security does not reach the maximum amount of debt, the actual amount of credit at the time of cancellation of the right to collateral security (see Supreme Court Decision 2006Do208, Mar. 24, 2006) shall be the limit of the actual amount of credit at the time of cancellation of the right to collateral security (see Supreme Court Decision 2006Do208, Mar. 24, 2006). According to the evidence duly adopted and examined by the lower court, the Defendant agreed on December 31, 2014 with the victim and the maximum amount of debt to be KRW 550 million,500,0000,0000,000 for the said right to lease on December 16,25015.