A defendant shall be punished by imprisonment for three years.

The defendant shall pay 32,00,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

[2012 Highest 587]

1. The Defendant against the victimO was running a credit service provider “H” in Kimpo-si P, while the Defendant borrowed the money from the so-called former owner and operated the lending company by lending the money to the obligor.

On March 14, 2011, the Defendant borrowed KRW 50 million from the former victim’sO (former Q) located in the H office, and lent it to R., and on March 23, 2011, the Defendant created a right to collateral security for the amount of KRW 85 million with respect to the damage to the Incheon Si-si T, Incheon, under the name of R’s mother, as the mortgagee, as the mortgagee.

The Defendant made a false statement to the victim, stating that “The Defendant may receive money from Nonghyup as collateral and return 32 million won borrowed money with the loan,” before the Dong office located in the Seocho-si P on August 201, 201, the Defendant paid the remainder of 32 million won to the victim, which was urged to repay the remainder of 50 million won.”

However, in fact, even if the registration of the establishment of a neighboring mortgage in the name of the victim was terminated and the above land was loaned as a collateral, there was a debt of 50 million won to U.S., a senior mortgagee, and the remaining money was used as collateral to recover the Defendant’s vehicle in order to provide the 18 million won already repaid to the victim, and thus, there was no intention or ability to repay the remainder of the loan to the victim with the money borrowed as collateral even if the above land was loaned as collateral by the victim upon the termination of the right to collateral security.

As above, the Defendant, by deceiving the victim, shall terminate the right to collateral security in the name of the victim after obtaining documents necessary for the establishment and termination of the right to collateral security from the victim's seat and his seal impression, etc.