Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On January 18, 2017, the Defendant created a joint collateral of KRW 300 million on the land owned by the Defendant, Ulsan-gun, Ulsan-gun, E, and F, in order to secure the gas payment for the victims B of private villages and villages.

On January 25, 2019, the Defendant entered into an agreement with the victim to the effect that “the victim, by cancelling the right to collateral security established on the above land, shall obtain an additional loan of KRW 60,000,000 from the victim to repay part of the existing debt, and immediately set up a second priority right on the above land,” and accordingly, the Defendant, the party to the agreement, was cancelled of the right to collateral security established on the above land. As such, the Defendant, who was the party to the agreement, had the duty to complete the second priority right on the above land.

Nevertheless, on February 15, 2019, the Defendant violated the aforementioned duties, thereby obtaining property benefits equivalent to KRW 190,1360,000 from G by creating a joint collateral of KRW 200,000,000 against the three parcels of the said land to G with a claim of KRW 135,000,000 against the Defendant, and thereby incurring property damages from the loss of security equivalent to the said amount to the victim.

Summary of Evidence

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

1. The statements described in B and C in the suspect examination protocol of the prosecution as to B;

1. The suspect interrogation protocol of the police as to B;

1. Statement to C by the police;

1. Application of three Acts and subordinate statutes to the full registered matters: (D), payment note of credit on credit in installments, change of order of creation of a right to collateral security, payment of expenses incurred in establishing a right to collateral security, payment of credit on credit, investigation report (report on confirmation of the value of collateral through appraisal), one copy of the detailed statement of appraisal and assessment of land, building, investigation report (report on attachment of a certified copy of the register), and

1. Article 355 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.