A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On December 2, 2009, the Defendant: (a) filed a complaint with the victim E on suspicion of fraud with respect to a case in which F is detained, and (b) set the amount of KRW 130 million as the agreed amount to release the F with respect to the case in which H is detained; (c) set the right to collateral security of KRW 100 million with respect to H-owned land and building registered under G as a collateral for KRW 100 million as the creditor; and (d) set up a loan certificate to the effect that the remainder of KRW 30 million will be repaid by March 2, 2010.

1. On March 3, 2011, the Defendant filed a complaint with the Defendant against the Defendant on the charge of fraud that “the creation of a right to collateral security of KRW 100 million in the future of the victim is caused by the Defendant’s deception.” The Defendant had the Defendant terminate the said right to collateral security in order to agree with H. The Defendant paid KRW 50 million by priority to the Defendant until March 15, 2011 on the termination of the right to collateral security established on the land and on the ground of the building in Daegu-gu, the amount of KRW 50 million until March 15, 2011 on the face of the termination of the right to collateral security established on the land and on the ground of the building, and the remainder KRW 50 million will be repaid by 30% out of the share of (B) L, which is held within the period of March 31, 2011, and trust this date by the victim to terminate the maximum debt amount of KRW 100 million on the same day.

However, the fact is that the defendant cannot prepare 50 million won within a short period due to the lack of particular property, except for the defendant's debt amounting to 320 million won or more, and that the defendant was merely in preparation for the establishment of the defendant for the sale of safication of safics, etc., and it was a situation in which the defendant could not incur profits due to the lack of operating funds.

Accordingly, the defendant, by deceiving the victim, will terminate the right to collateral security of KRW 100 million against the land and building located in Daegu Dong-gu, Daegu, and thereby causing property damage equivalent to KRW 100 million to the victim.