A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On February 7, 2010, the Defendant: (a) set up a collateral security of KRW 65 million on the land owned by the Defendant to the Plaintiff of Incheon Cheongjin-gun, Incheon, Incheon, the Defendant borrowed KRW 50 million from the victim’s house; (b) set up a loan certificate of KRW 50 million on the land owned by the Defendant (the interest rate of KRW 1 million on July 7, 201, and repayment of principal by July 30, 2010) and borrowed KRW 50 million from the victim.

On November 5, 2010, the Defendant made a false statement to the victim’s house, stating, “If the right to collateral security established on the above land is terminated, the Defendant would obtain a loan from the Nonghyup as collateral and repay the loan in full.”

However, in fact, even if the Defendant terminated the right to collateral security on the above land and received the loan from the Nonghyup, he used the loan to cover the Defendant’s entire obligation, so there was no intention or ability to repay the loan as agreed to by the victim.

Nevertheless, the Defendant, by deceiving the victim as such, had the victim terminate the right to collateral security (the maximum amount of claims KRW 65 million) of the victim established on the land owned by the Defendant-owned Incheon-gun, Incheon-gun, Incheon-gun, thereby acquiring pecuniary benefits equivalent to the above money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100,000) is mitigated (one month to one year) [Special Mitigation], or where considerable damage has been recovered [decision of sentence] that the defendant recognized the crime of this case and reflects the fact that the defendant has been smoothly agreed with the victim, that the defendant did not have the same criminal record, and that the defendant has no other criminal record, and that the defendant's age, character and behavior, environment, and the crime of this case.