A defendant shall be punished by imprisonment for not more than ten 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

1. On August 2007, the Defendant, via C, lent KRW 70,00 to the victim D through C, “The Defendant created the right to collateral security equivalent to KRW 115,100 million and KRW 1502,000,000,000,000,000,000,000,000,000,000,000,000,000 KRW 150,000,000,000,000,000,000,000,000,000, and paid the interest to the victim and H as a joint collateral.”

However, in fact, the Defendant did not have been delegated the right to create the right to collateral security with respect to the above real estate by E, and even if the Defendant borrowed money from the victim with a debt of KRW 70 million at the time, the Defendant did not have the intent or ability to repay

Ultimately, on October 16, 2007, the Defendant, by deceiving the victim, received KRW 70 million from the victim to the single bank account under the name of the Defendant on October 16, 2007.

2. Around April 7, 2008, the Defendant, via C, concluded through C, that “A bank shall not have any additional loan due to a default on the payment of a loan to a savings bank, but shall borrow 5 million won to repay the overdue loan.” On the loan, the Defendant would have repaid the overdue loan with the money and receive additional credit loans. In the event of a credit loan, the Defendant would have received additional loans from other financial institutions as collateral and repaid the apartment owned by E.”

However, the Defendant did not have been delegated with the authority to establish the right to collateral security for the said real estate by E, and even if the Defendant borrowed money from the victim with a debt equivalent to KRW 70 million at the time, he did not have the intent or ability to repay the said real estate by receiving the additional loan as collateral.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the single bank account under the name of the Defendant on the same day.

Summary of Evidence

1. The defendant's legal statement;

1. Legal statement of a witness I;

1. The suspect interrogation protocol (three times) against the defendant is included C.