A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 18, 2009, the Defendant entered into a sale and purchase contract with the injured party C on the land and building in the name of the injured party D (hereinafter “each of the instant real estate”) at the office of the Undong Community Credit Bank located in the amount of 1070,00,000,000 won (the sale and purchase price shall be KRW 1.14,40,000,000,000,000,000 won (the sale and purchase price shall be KRW 1.2,50,000,000,000 won). The Defendant succeeded to the secured debt of the Korea Exchange Bank’s foreign currency collateral security bank, which was established on each of the instant real estate, and paid KRW 2,20,000,000,000,000,000 won, and the remaining balance shall be paid to the injured party until November 30, 2009.”

However, even if the Defendant purchased each of the instant real estate from the victim from the beginning, the Defendant did not have any intent or ability to take over the collateral obligation and pay any balance, such as the content of the said agreement.

Nevertheless, by deceiving the victim as above, the value of each real estate of this case, the actual exchange value of which is approximately KRW 110 million, by allowing the victim to complete the registration of ownership transfer for each real estate of this case in the name of F, shall be KRW 115 million, which is calculated by deducting KRW 1,40 million, including the secured amount of the right to collateral, lease on a deposit basis, and the secured amount of the opposing right to lease, which are provided for in each real estate of this case, from KRW 1,140,000,000,000,000,000 won (see Table 5 of the judgment, referring to the Table No. 5 of the judgment).

(see Supreme Court en banc Decision 2005Do7288, Apr. 19, 2007). However, a prosecutor considers the value of each real estate of this case as KRW 110 million as the value of each of the real estate of this case, and made changes in the indictment as of September 19, 2012, and the above.