A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

On September 19, 2014, the Defendant made a false statement that “The amount of damages is approximately KRW 30 million and interest is also high” to the victim at the house of the victims of friendship D in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. If the Defendant borrowed an apartment house from a third party in order to repay the remainder of KRW 30 million with the other party’s money, the Defendant would have to complete payment after three months. If the Defendant is unable to do so, the Defendant would have to set up a collateral security instead of the mother’s apartment building No. 103 Dong 1404, Seoul, Nowon-gu, Seoul, and the Defendant would not cause damages by cancelling the mortgage.”

However, in fact, the Defendant had no particular property or income, and had assumed the above obligation, and had been able to repay the existing debt with money by lending money to the victim’s apartment as security, not to repay the existing debt. The Defendant’s mother was the only property of the above apartment without any income. Since the Defendant had already established a collateral on the apartment owned by the mother and had already received a loan on the apartment owned by her mother, he could not be able to repay the debt on behalf of the Defendant or provide the above E apartment as a collateral for the termination of the victim’s right to collateral, even if the Defendant was provided with the physical collateral from the victim, there was no intention or ability to terminate the victim’s collateral.

On September 24, 2014, the Defendant, by deceiving the victim, had the victim set up a collateral security right of KRW 30 million from the obligee H, the maximum debt amount, KRW 50 million with respect to No. 111, G Apartment No. 2002, which is owned by the victim. As a security, the Defendant borrowed KRW 30 million from the said H, but did not pay it until December 23, 2014, which is the due date.