Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

On March 27, 2006, A borrowed KRW 70 million from Defendant B’s mother G as of March 31, 2008, and H, Defendant B, victim I, and victim J guaranteed the above loan obligation on the same day.

G filed a lawsuit claiming loans and joint and several sureties (No. 2008Ga30727) against Defendant A and the said joint and several sureties at the Jung-gu District Court on May 26, 2008.

On the other hand, on May 27, 2008, Defendant A entered into a contract to sell 104,000,000 won for the Seoul Mapo-gu Ltype Housing Co., Ltd. (hereinafter “instant real estate”). However, on June 24, 2008, Defendant A conspired to cancel the registration of provisional seizure by deceiving the victims along with Defendant B, who caused interference with the implementation of the above sales contract, in order to preserve the right to indemnity against Defendant A on June 24, 2008, the victim I and J brought a lawsuit from G. In order to compensate for the damages against Defendant A.

On July 23, 2008, the Defendants made a false receipt stating that “G has received KRW 90 million from Defendant A” and “G has received KRW 90 million from Defendant A at the same time,” respectively, on the following grounds: (a) upon presenting the above agreement and receipt to the victim I and the J, the Defendants agreed to the amount of KRW 90 million; and (b) upon paying the amount of KRW 90 million to G, the Defendants made a false statement to the effect that “The cancellation of provisional attachment is different because the Defendant paid the amount of KRW 90 million to G.”

On July 28, 2008, the Defendants, by deceiving the above victims and requiring them to cancel each of the provisional seizures of this case, acquired financial benefits equivalent to KRW 142,123,320 of the claims for each of the provisional seizures.

Summary of Evidence

1. Statement of the defendant A in the first trial record;

1. Witnesses in the fourth trial records;