A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 4, 2012, the Defendant set up a right to collateral security against the victim D with the obligor, the maximum debt amount of KRW 50 million, regarding the F land owned by the Defendant, E, the wife of the Defendant.

On September 25, 2013, the Defendant expressed to the effect that “In order to cancel the registration of the establishment of a collateral security right on the above F land, the Defendant would obtain a loan from the victim as a collateral through the network I, which had been in a business relationship with the Defendant, at the office of a certified judicial scrivener office in Yeongdeungpo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul.” If the loan is not made, the Defendant would create a new collateral security right to secure a claim on the land owned by the E-owned CJ in the event that the loan is not made.”

However, even if the victim cancels the registration of the establishment of the right to collateral security on the above F land, the Defendant thought that he would sell the above land to another person. The Defendant did not intend to obtain a loan as collateral and did not intend to set a new right to collateral security on the above J land.

Nevertheless, around September 27, 2013, the Defendant, by deceiving the victim as above, had the victim cancel the registration of creation of the right to collateral security equivalent to KRW 50 million with respect to the said F land, thereby acquiring the pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. The credibility of each legal statement of D and H is recognized in light of the background, content, consistency, etc. of the statement.

In addition, the Defendant asserts to the effect that the victim requested the establishment of the right to collateral security with the maximum debt amount of KRW 75 million and it was merely impossible for the victim to set up the right to collateral security on the said J land and that there was no deception by the victim. However, if the victim did not set the right to collateral security upon the said request, the Defendant would cancel the right to collateral security on the said F land.