[Defendant A] The defendant shall be punished by imprisonment for six months.

[Defendant B] The defendant shall be punished by imprisonment for one year.

Punishment of the crime

[The background of the criminal conduct] On February 17, 2010, the Defendants purchased from the victim E the “F land of Pyeongtaek-si” (hereinafter “instant land”) in the purchase price of KRW 385 million and completed the registration of ownership transfer under the name of Defendant A, and completed the registration of ownership transfer on March 9, 2010 in order to secure the remainder of KRW 165 million unpaid, the Defendants completed the registration of creation of a mortgage over the maximum debt amount of KRW 165 million (hereinafter “registration of collateral security”).

[Contents of the Criminal Execution] The Defendants tried to cancel the registration of the instant collateral security and use the instant land as collateral for the repayment of other obligations even if they were to obtain the loan, and did not have the intent or ability to repay the remainder to the victims. However, around June 10, 2010, G provided that “If the registration of the instant collateral security is cancelled, the Defendant would obtain additional loan to the instant land as collateral and pay the remainder of KRW 165 million to the victims,” and that it would then cause the victims to cancel the registration of the instant collateral security, thereby incurring damages equivalent to KRW 165 million with the maximum debt amount.

Summary of Evidence

[Defendant A]

1. Each legal statement of witness E and G;

1. A certified copy of the register;

1. A real estate sales contract;

1. Each of the crimes of this case is discussed with the purport that the defendant was living together with the defendant Eul, and he was only lent his name and did not intervene in the crime. However, considering the above evidence, even if the defendant Eul, who had a large amount of debt, obtained an additional loan as collateral after cancelling the registration of the collateral security, he is aware of the fact that he would use the land of this case in a place other than the payment of balance, and that the victim would have consented to the cancellation of the registration of collateral security for the payment of balance, but he is not aware of the fact that he consented to the purchase of the land of this case and the cancellation of the right to collateral security, and additional loan.