A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On May 3, 2006, the Defendant agreed to repay KRW 800 million to the victim C with a loan of KRW 400 million as the deposit money for the auction of land D and E in the Seoul Special Metropolitan City. On May 19, 2006, the Defendant set up a collateral security right of KRW 800 million with respect to the victim’s land in the Seoul Special Metropolitan City, Jeoncheon-gu, Seoul Special Metropolitan City.

On June 5, 2006, the Defendant received a successful bid in the amount of KRW 4 billion of the land D and E in Busan-si, Jeonju-si, Seoul-si.

On July 20, 2006, the Defendant made a telephone to the victim, and “I would like to obtain a loan of KRW 5.4 billion from a mutual savings bank under the pretext of the remainder of auction from the preceding day because I want to establish a senior collateral security on the said land. However, on the preceding day, I would like to obtain a loan from a mutual savings bank prior to the preceding day and pay the principal and interest on the said land if I want to cancel the senior collateral security.”

However, the Defendant received a loan of KRW 5.47 billion from a mutual savings bank on the preceding day of the Defendant’s mother G’s previous day on the condition that the Defendant would repay the overdue debts of KRW 947 million from the mutual savings bank, and thus, the Defendant did not have any intent or ability to borrow the Defendant’s loan even with the loan of KRW 947 million and the remainder of auction KRW 3,743,745,67, 275, 192, 215, 450, and 313,052,052,050, total amount of KRW 5,195,543,177, as the Defendant was planned to repay the overdue debts of KRW 947,00,000.

Around July 21, 2006, the Defendant, by deceiving the victim, obtained pecuniary benefits by allowing the victim to cancel the registration of the establishment of the neighboring maximum debt amount of KRW 800,000,000 to the F land of YY-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Each legal statement of the witness H and C;

1. Data on financial information:

1. Requests for delivery of each investigative material and the application of the Acts and subordinate statutes of response documents;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.