Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant, on May 10, 2008, concluded a sales contract with D Real Estate located in Seongbuk-gu Seoul on E as his/her agent, with the victim G (Y, 49 years of age) as his/her agent, with the IF 301, which is scheduled to be newly built on H, and was aware that the down payment was agreed to exchange KRW 20 million with the victim G as his/her agent on June 30, 2008, the intermediate payment of KRW 20 million on June 30, 2008, the intermediate payment of KRW 20 million on July 10, 2008, and the remainder of KRW 110 million on August 30, 2008 with the required documents for ownership transfer registration.

After that, E received the down payment of KRW 20 million from the victim, and received KRW 35 million from the intermediate payment until December 15, 2008, which is part of the intermediate payment, and accordingly, E received the remainder, and at the same time there was a duty to receive the victim and implement the procedure for the registration of transfer of ownership of the loan.

Nevertheless, on May 2, 2009, E requested the Defendant to complete the registration of the establishment of a neighboring mortgage under the name of the Defendant, the Defendant and the J, and obtained the consent in sequence from the Defendant and the J. On June 2, 2009, in violation of the above duties, by a certified judicial scrivener whose name is not known around June 2, 2009, made a registration of the establishment of a collateral security amount of KRW 100 million at the Seoul Northern District Court E, the creditor J, and the maximum debt amount.

Accordingly, the defendant, in collusion with E, J, has inflicted property damage equivalent to the maximum amount of debt, and has acquired economic benefits equivalent to the equivalent amount of debt to E and J.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of each Act and subordinate statutes to a certified copy of the register among respective contracts and accompanying documents for complaint;

1. Article 355 (2) and (1) of the Criminal Act and Articles 355 (1) and 30 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as the same as the order in consideration of the fact that the defendant cancelled his/her right to collateral security after the establishment of the right to collateral security and actually suffered any loss.