A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 8, 2011, the Defendant borrowed and used 40 million won as business funds from the victim C and the victim on April 2010, the Defendant set up a right to collateral security of the maximum debt amount of KRW 30 million with respect to Busan D and 60 million, which is owned by the Defendant, on November 8, 2011.

In addition, on January 2013, the Defendant called to the Defendant on his phone to the Defendant, stating that he would dispose of the apartment if he terminates the right to collateral security established on his own apartment, and would complete the payment of KRW 30 million.

However, even if the right to collateral security is terminated, there was no intention or ability to pay 30 million won to the victim.

The Defendant, by deceiving the victim, had the victim terminate the right to collateral security with a maximum debt amount of KRW 30 million from the victim around that time, but did not fully pay the victim the loan amount of KRW 30 million, thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of notarial deeds, full certificate of registered matters, details of transactions, and loan certificates statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100 million) and the mitigated area (one month to one year) [Special Convict] [Determination of Sentence] and the defendant's attitude to recognize and reflect the defendant's crime; agreement with the victim; and the fact that there is no same kind of criminal power, etc.