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

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

Punishment of the crime

On December 16, 2016, the Defendant: (a) borrowed KRW 50 million from the victim B due to a shortage of business funds; (b) on the same day, the Defendant established a provisional registration of the right to claim ownership transfer of the real estate in Gohap-gun, Chungcheongnam-gun (hereinafter “the provisional registration of this case”) against the victim as a security for the said borrowed money.

Around February 27, 2017, when the Defendant was unable to repay the above debt three months after the maturity date of the above debt, the Defendant stated that, through D, “Inasmuch as the provisional registration of the above building is established, additional loans are difficult to obtain, and if the provisional registration is cancelled, the Defendant would first receive additional loans and repay the loan amount of KRW 50 million.” If the provisional registration of this case is cancelled, it would be clear that the Defendant would be able to obtain a loan of at least KRW 50 million.

However, in fact, it was unclear whether the Defendant could receive the loan even if the Defendant had cancelled the provisional registration of this case, and it was not clear whether the Defendant would receive the loan because the Plaintiff was in arrears with the national tax of KRW 40 million at the time, and the amount of the loan was needed such as construction cost, and even if receiving the loan, there was no intention or ability to repay the loan amount of KRW 50 million to the victim.

Nevertheless, on February 28, 2017, the Defendant, by deceiving the victim as above, had the victim cancel the provisional registration of this case for the purpose of securing the amount of KRW 50 million from the loan around February 28, 2017, thereby acquiring financial benefits equivalent to the same amount.

Summary of Evidence

1. Court statement of the defendant (the tenth court date);

1. Legal statement of the witness B;

1. A suspect examination protocol of the accused by the prosecution (including the B substitute part);

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to search a complaint, a copy of a borrowed document, a full certificate of registered matters, a detailed statement of financial transactions, reply to a request for investigation cooperation, and auction case;

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

1. Suspension of execution;