A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On March 5, 2014, the Defendant set up a right to collateral security of KRW 55,00,000 against the victim E, with the Defendant’s husband D as its principal debt with the Defendant’s husband D in Ulsan-gu C B 203.

On October 2014, 2014, the Defendant is not easy for the tenant due to a mortgage to the Defendant’s husband D from the “G” clothes sales store located in Ulsan-gu, Ulsan-gu, Seoul to the Defendant’s husband D.

On Oct. 10, 2014, if a tenant newly enters the lease term of a tenant, the tenant made a false statement to the effect that he/she would make the right to collateral security only for a short period until he/she seeks a tenant to set up a right to collateral security again, and would cause the creditor to talk.” The said statement was delivered to the victim as it is.

However, on October 9, 2014, the Defendant had already entered into a contract with H to sell the above apartment in KRW 111,50,000, and had been thought to transfer the ownership to H, so even if the victim had cancelled the registration of the establishment of the right to collateral security, the Defendant had no intention or ability to re-establish the right to collateral security to the victim.

On October 15, 2014, the Defendant had the victim cancel the registration of the establishment of the right to collateral security on the above apartment on October 15, 2014, thereby acquiring financial benefits equivalent to KRW 55,000,000, the maximum amount of the claim.

Summary of Evidence

1. Each legal statement of witness I and D;

1. A protocol concerning the examination of the suspect of the defendant or D by the prosecution;

1. A protocol concerning the examination of suspects of D;

1. Application of investigation reports (verification of the time to receive the down payment for sale of mortgaged real estate) and the details of accounts to be attached;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The Defendant asserts that D would give the tenant a right to collateral security again on the ground of the old damage.

The crime is committed because it is only requested D to cancel the registration of the establishment of the right to collateral security.