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

On September 26, 2008, the Defendant borrowed KRW 250 million from the victim C, etc., and repaid KRW 180 million to the Defendant’s debt amounting to KRW 70 million, and transferred the Defendant’s ownership to his/her marriedF on September 26, 2008. On November 5, 2009, the victim filed an application for provisional injunction against the disposal of real estate for each of the above apartment units with the Seoul East East District Court for revocation on December 3, 2009, and brought an action for revocation against F on December 3, 2009, the Defendant was willing to withdraw the said provisional injunction against the disposal of real estate and the lawsuit for revocation of fraudulent act by deceiving the victim.

On March 30, 2010, the Defendant concluded a false statement to the effect that “The Defendant would pay KRW 30 million to the victim in installments from July 30, 2010 to December 30, 2011, in total, KRW 90,000,000,000 of the principal amount and interest KRW 20,000,000,000,0000,000,000,000,000,000,000,000,000,000,000 won, in the Hlaw Notarial Office located in Gwangjin-gu Seoul Special Metropolitan City.”

However, since the defendant did not have any specific property or income at the time, the victim did not have the intent or ability to pay the remaining debt amount of 60 million won even if the victim had withdrawn the above provisional disposition of the prohibition of disposal of the real estate and the fraudulent act revocation lawsuit.

On March 30, 2010, the Defendant, by deceiving the victim as such, had the victim cancel the provisional disposition prohibiting the above real estate disposal on March 30, 2010, thereby acquiring the pecuniary benefits of each of the above real estate holding no burden of the provisional disposition prohibiting the above disposal.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements made to C and I in the second trial records;

1. Application of the family relation certificate, records of proceedings of the Supreme Court, certified copy of the real estate register, written agreement, money loans for consumption, notarial deed, and statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;