A defendant shall be punished by imprisonment for one year.

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 October 29, 2010, the Defendant was sentenced to a suspended sentence of two years and three years of imprisonment for fraud in the Daejeon District Court Seosan Branch of the Daejeon District Court on December 29, 201 and the judgment became final and conclusive on November 6, 2010.

The defendant is a person who actually runs a stock company C.

On May 11, 2009, the Defendant borrowed gold KRW 80,000,000 from the victim D, and set up a collateral security right with regard to the land E (hereinafter referred to as “real estate E”) owned by the Plaintiff, in terms of creditor F (B) and the maximum debt amount of KRW 120,000,000, with respect to the land E (hereinafter referred to as “real estate E”).

On May 28, 2009, the Defendant cancelled the above right to collateral security through consultation with the victim. On the same day, the Defendant created the first priority right to collateral security with respect to the first real estate with respect to creditors, Honam Solomon Mutual Savings Bank, the maximum debt amount of which is KRW 273,00,000 with respect to the first real estate, and created the second priority right to collateral security with respect to the creditor F and the maximum debt amount of KRW 140,000 on May 29, 2009.

On March 2010, the Defendant paid the victim KRW 7,00,000 out of the borrowed money, and said that “A sale of the first real estate is not established with the establishment of F’s right to collateral security in order to sell the first real estate. Since the actual owner of the land and the building on the land outside G and two lots (hereinafter “second real estate”) at the time of issue, the Defendant said that “I will obtain a loan with the second real estate as collateral and repay the remainder of KRW 73,00,000,000 to the remainder of the borrowed money,” if the right to collateral security in the name of F is cancelled.

However, in fact, the Defendant had a debt amounting to KRW 73,00,000, and the Defendant had no intention or ability to repay the debt amounting to KRW 73,00,000 to the victim even if the right to collateral security was cancelled due to the establishment of a majority of the right to collateral security in the second real estate.

Accordingly, the defendant deceivings the victim and let the victim take part in it on March 22, 2010.