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

On November 30, 2012, the Defendant was sentenced to imprisonment with prison labor for the crime of false entry in the authentic copy of a notarial deed at the Daejeon District Court on November 30, 2012, and the said judgment became final and conclusive on June 3, 2013.

Around March 2011, the Defendant had had approximately KRW 800,000 paid off the debt to C, which is a branch of the Defendant, and had had had the Defendant, by deceiving the person urged to repay the debt from the above C in excess of the property or profits, and the victim D, by deceiving the victim to make the registration of the establishment of a neighboring mortgage to the creditor of the real estate owned by the victim, in a situation beyond the property or profits.

On March 20, 201, the Defendant stated to the effect that “the Defendant started the operation of a factory of ready-mixed ingredients” to the victim on March 20, 201, the Defendant supplied ready-mixeds with approximately KRW 300 million to the victim. The price for ready-mixeds does not need to be reduced and the real estate managed by the victim later is limited to the extent of a parcel of real estate developed in lieu of the payment of the above ready-mixeds. However, to do so, the Defendant stated to the effect that “the establishment of a security on the victim’s real estate is changed to pay for the ready-mixeds price.”

However, as the Defendant did not operate a factory of ready-mixeds, the Defendant did not have the intent or ability to supply ready-mixeds equivalent to KRW 300 million to the victim, and was a plan to establish a right to collateral security with regard to the Defendant’s obligation to the Defendant’s real estate C as a creditor.

Nevertheless, the Defendant: (a) made the victim’s false statement on April 6, 201; and (b) made the victim as the obligee at C around April 6, 201, and had the victim set up a document to set up a joint collateral security amount of KRW 150,000,000 for the maximum debt amount of KRW 89,000 in Sejong-si, G, 440 square meters, G, 1177 square meters prior to H, and 1025 square meters prior to I.

Accordingly, the defendant deceivings the victim to the creditor C, the above real estate owned by the victim.