A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Case] On March 17, 2017, the Defendant purchased 1/200,000 each share of the land “Ycheon-si C and one other” (hereinafter “instant land”) with the victim B, and paid half of the price in cash to the victim, and the other half of the price shall be borne by the Defendant in accordance with an agreement with the victim: (a) the ownership of the instant land shall be transferred in the name of D, the mother of the Defendant, and (b) the transfer of the ownership of the instant land shall be made in the name of D; and (c) the Defendant paid KRW 120,000,000 to E with the loan of KRW 150,000,000,000 on condition that the right to claim ownership transfer has been created with the aim of guaranteeing the victim’s share in the instant land; and (d) the registration of the right to claim ownership transfer with respect to the instant land for the purpose of guaranteeing ownership of the said land

【Criminal Facts】

On March 17, 2017, the Defendant purchased shares in the instant land together with the victim on March 17, 2017, and transferred the ownership of the instant land under the name of D alone, and established the right to collateral security under the name of E, and completed the registration of the right to claim ownership transfer to secure one-half shares purchased by the victim. As such, the Defendant did not establish additional collateral on the instant land, and the Defendant had the duty to protect the property value of the provisional registration of the said 1/2 shares in the victim’s name by preventing the risk that the victim would lose his/her ownership

Nevertheless, on May 18, 2016, the Defendant borrowed KRW 40 million from F from F, and without the consent of the victim, set up a right to collateral security equivalent to KRW 46 million with respect to the entire land of this case, including F’s equity interest, to the entire land of this case including F’s maximum debt amount.

As a result, the Defendant acquired the pecuniary advantage equivalent to the victim’s share out of the maximum debt amount of F’s right to collateral security, and caused the damage equivalent to the same amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;