A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On February 2012, the Defendant agreed to provide the Defendant with the F Building G (hereinafter “the instant loan”) to the Defendant’s wife Ha in order to pay part of the construction cost (35 billion won) to E, who is the contractor of the loan construction (a total of 300 million won) upon the Defendant’s consent, as a person who was in charge of the loan business related to the construction of B and B in the same zone C, and upon the Defendant’s consent, the Defendant agreed to provide B with the Defendant for the payment of the construction cost (a total of 35 million won).

The Defendant had a duty to complete the registration of ownership transfer of the loan of this case to the victim pursuant to the agreement.

However, on May 2, 2012, the Defendant borrowed 70 million won from the above J Association from the above J Association in violation of such duties, paid 60 million won for the first priority collateral security obligation of K Bank established previously, and cancelled it. On the same day, the U.S. government district court in Dongcheon-cheon registry with the equivalent amount of 284-20, the above J Association completed the registration of creation of a mortgage with the first priority priority of the maximum debt amount of 91 million won with respect to the above G subparagraph at the same time.

Accordingly, the defendant acquired property benefits equivalent to KRW 10 million and suffered property damages equivalent to the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness B and E;

1. An interrogation protocol of the defendant and the prosecutor's office (including a substitute part) about the defendant and the B;

1. Statement to E by the police;

1. Investigation report (e.g., cancellation of the mortgage by the K Bank);

1. The president of the H’s complaint;

1. Full certificate of the registered matters;

1. Application of Acts and subordinate statutes on loan application;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The person who agreed to transfer the ownership of the loan of this case to the alleged victim is not the defendant.