A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is a constructor who constructed one multi-household house on the 7th floor above the ground on the 7th parcel outside Incheon Nam-gu.

around April 201, the Defendant borrowed KRW 500,00,000, 491,000 from the victim-for-profit credit union and the above Eunpyeong Credit Union in the office of Eunpyeong-dong 275-1 of Eunpyeong-gu Seoul Metropolitan Government, and immediately registered the establishment of the first priority collective security right in the name of the victims, and notified the victims of the completion of the construction of the above building immediately and received all loans from the victims from the victims during the period from April 28, 2011 to December 31, 2011. Accordingly, according to the above agreement, the Defendant was performing the duty of establishing the first priority collective security right to the victims of the said new building.

Nevertheless, as the construction cost of the above building was in short of the construction cost and the construction was suspended, the Defendant was willing to borrow the construction cost as collateral, and around March 2012, the Defendant suggested that E and F will borrow 150,000,000 won each from each of the credit service providers E and F to set up a collateral on the unbuilt building.

On March 12, 2012, the Defendant filed an application with the Incheon District Court for the provisional injunction against the disposal of real estate on March 12, 2012 for the provisional injunction against the registration of provisional injunction against the above building, as a contractor of the construction project having the claim for the registration of the establishment of a neighboring mortgage on the building, which was the right to claim for the registration of the establishment of a real estate on March 2, 2012. On March 22, 2012, the Defendant created a collateral security of KRW 240,000,000 for the above building, each of which was the first secured mortgage.

Accordingly, the defendant acquired financial benefits equivalent to the above amount, and caused the victims to suffer financial loss equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. G, .