Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Punishment of the crime

On January 16, 2009, the Defendant made a false statement to the Victim C, stating, “In the event of cancelling the right to collateral security established under the name of the Party on September 22, 1999 on the Seongdong-gu Seoul Building, Seongdong-gu, Seoul, the ownership of which is located, the Defendant would transfer the building, or have the Defendant repay the remainder of the debt worth KRW 120 million incurred from the loan from the financial right.”

However, even if the defendant was cancelled the right to collateral security from the victim, he did not have the intention or ability to transfer the building or to repay the debt with the above building loan.

Accordingly, the Defendant, by deceiving the victim as above, had the victim cancel the right to collateral security amount of KRW 250 million established in the name of the victim of the said building on the same day, thereby having the victim acquire pecuniary benefits equivalent to the value of the collateral.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Statement by the prosecution against C;

1. Each investigation report, each certified copy of the register, C entry deposit details, and application of each detailed Act and subordinate statutes of transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.