Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of six months.

Defendants filed an application for compensation with D.

Punishment of the crime

"2013 Highest 2215"- Defendant A

1. On July 18, 2012, Defendant A was sentenced to a suspended sentence of two years for a violation of the Illegal Check Control Act at the Incheon District Court on the 26th of the same month and the judgment became final and conclusive on the 26th of the same month.

2. The Defendant, who operated a verbal plant, borrowed KRW 20 million on March 25, 2009 and KRW 300 million on June 24, 2010 from the victim E as business financing, set up a right to collateral security of KRW 600 million on the real estate owned by the Defendant, which is the real estate of Seodaemun-gu Seoul, Seoul, while borrowing money from H through G from September 26, 201 to November 30, 201, while issuing a promissory note amounting to KRW 620 million from September 26, 201 to November 30, 201, it was anticipated that the settlement of the bill would become difficult due to the aggravation of business management, led the victim to terminate the right to collateral security to prevent the occurrence of the loss, and was willing to provide H with the said house as collateral.

3. On October 20, 201, the Defendant made a false statement to the victim E that “When cancelling the right to collateral security of one FF house in Seodaemun-gu, Seoul, the Defendant would first obtain the right to collateral security from the Dongducheon Agricultural Cooperative and repay the remainder of KRW 300 million, the Defendant would separately create the right to collateral security for the remainder of KRW 200 million.”

However, even if the victim terminated the right to collateral security, the defendant was expected to offer the right to collateral security to the above H, so there was no idea to additionally establish the right to collateral security.

On October 27, 2011, the Defendant, by deceiving the victim, caused the victim to terminate the registration of creation of a neighboring mortgage equivalent to KRW 600 million with the maximum debt amount on October 27, 201, and thereafter, established a provisional registration of the right to claim ownership transfer against the victim on October 28, 201, without creating an additional right to claim ownership transfer, and ultimately, established a provisional registration of the right to claim ownership transfer with the victim on October 28, 201.