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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, as the representative of the D Co., Ltd. in Sungwon-si, Sungwon-si B and C, agreed to borrow 50 million won from E on September 23, 2012 and pay 100 million won after three months thereafter, but agreed to the F, G, and H as the joint collateral pollution cycle owned by the said corporation.

On the other hand, the process of registering the establishment of a neighboring real estate is conducted through the I certified judicial scrivener office known to the defendant as near the location of the above real estate. However, the defendant was granted a certificate of termination in the name of E and the power of attorney as a document of termination of a collateral security that can be used only when he did not pay the borrowed money as agreed even though E did not receive the borrowed money after the registration of the establishment of a neighboring real estate was conducted.

After all, the termination certificate of the above E name and the power of attorney must be returned to E when the defendant receives the borrowed money from E.

On September 24, 2012, the Defendant: (a) established the establishment registration of a neighboring mortgage E or the maximum debt amount of 100 million won with respect to the said real estate by the Busan District Court’s registration office; (b) received the remittance of the loan amount of KRW 50 million from E; and (c) had the intent to cancel the establishment registration of a neighboring mortgage in the name of E by exercising a certificate of termination under the name of E without validity, and a certificate of delegation as if it were valid, for the purpose of preparing additional loan by providing the said real estate as security.

On September 25, 2012, the Defendant made a false statement to K, a secretary of the said I Certified Judicial Scriveners Office, stating that “I would not receive a loan from E, thus terminating E’s right to collateral security,” and delivered a certificate of termination or power of delegation under the name of E, which is not valid as above, and caused the said K to the said office, the said termination certificate and power of attorney, to the Busan District Court’s Office, Busan District Court, 27, the center of the Busan District Court, Busan District Court, the 27th of September 28, 2012.