A defendant shall be punished by imprisonment for one year.

Punishment of the crime

Around October 2008, the Defendant, through a corporation of Ulsan-si, Ulsan-si, Ulsan-si, and E, was conducting a prop set up in order to develop a golf course. Around October 2008, the Defendant: (a) concluded an agreement with the victim H and the above woodland to re-purchase the above woodland 400 million won from the victim; (b) concluded an agreement with the victim to transfer the ownership transfer in the name of the victim for reasons of tax, etc. incurred at the time of transfer of the name; and (c) concluded an agreement with the F to establish a collateral security agreement with the victim in the name of the victim to secure the implementation of the said agreement on the above land in order to secure the implementation of the agreement.

Therefore, on November 2008, the victim paid F the full purchase price of KRW 275 million to F, and around November 26, 2008, the victim set the first priority right of KRW 400 million to the creditor of the victim as the creditor of the above forest land. As such, the defendant had the duty to maintain the right to collateral security established in the above forest for the victim under the above agreement and special agreement, and to guarantee the security interest of the victim.

On November 17, 2009, the Defendant arbitrarily cancelled the right to collateral security under the victim’s name using a certificate of the victim’s personal seal impression, seal imprint certificate, and resident registration certificate under the name of the victim in the name of the defendant, and on the same day, set the first priority collateral security of 200 million won with the maximum debt amount as the creditor of the above forest and land as I. on the same day.

Accordingly, the Defendant, in violation of his duties, has I gain the pecuniary advantage equivalent to the first maximum debt amount of 200 million won, and has the victim obtain the pecuniary advantage.