A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On July 12, 2013, the defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on July 12, 2013, and the above judgment became final and conclusive on December 21 of

On November 23, 2001, the Defendant borrowed KRW 69,00,000 from the victim C’s house located in Seocheon-gun, Gyeonggi-do, from the victim’s house, and failed to repay it. On July 6, 2010, the Defendant transferred the land of Seocheon-gun, Gyeonggi-do (hereinafter “instant land”) to the victim’s name, which was substantially owned by the Defendant under the payment in substitutes for the said land.

On December 20, 2011, the Defendant sold the instant land to E, a third party, with KRW 100 million: Provided, That there is a need to make money to E who intends to conduct the business during the process, and the creation of a right to collateral security in the instant land requires F, the mortgagee of the right to collateral security, and the maximum debt amount of KRW 150,00,000,00 with the debtor, which is the debtor. The seller takes measures so that the right to collateral security may be terminated at any time and at any time, at the same time as the contract is concluded. The seller shall give priority to the establishment of the right to collateral security. In preparation for the occurrence of the buyer’s failure to perform the contractual terms, the buyer shall submit all documents to the seller. The seller shows the sales contract and the termination certificate with the name of F, which is forged, and the Defendant and E set up a right to collateral security in the instant land as KRW 150,00,000, Dec. 20, 2011.

However, the Defendant and E did not have the intent or ability to pay the purchase price of the instant land, and there was no consent of F, a mortgagee, to cancel the registration of creation of a collateral security.

As a result, the Defendant, in collusion with E (a guilty of forging Private Document on May 30, 2018) and deceptions the victim to a third party F, equivalent to the maximum debt amount.