A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 2013, the Defendant borrowed KRW 70 million from the victim D, and around October 10, 2013, the Defendant created a right to collateral security with a maximum amount of KRW 70 million to the land located in F in the city of Hannam-si of E, his/her spouse, and borrowed KRW 50 million from the person who was re-victimd on December 12, 2013 to secure the above borrowed debt, and around December 10, 2013, the Defendant created a right to collateral security with a maximum amount of KRW 74 million to the victim on the land, such as F, in order to secure the above borrowed debt.

On October 2014, the Defendant made a false statement to the victim at a closed place, stating that “In the event of cancelling the registration of the establishment of the right to collateral security of the victim’s land set up in FF F F F F F F F F at the end, the Defendant would sell the said land and preferentially repay the borrowed money to the victim with the purchase price.”

However, even if the Defendant had the victim cancel the registration of the establishment of the right to collateral security established on the above land, it was thought that the Defendant would preferentially use the above land for the purpose of repayment of obligations to other creditors or repayment of investment funds to G in South Korea, and there was no intention or ability to repay the borrowed funds to the victim.

Ultimately, on November 5, 2014, the Defendant, by deceiving the victim as above, had the victim cancel the registration of the establishment of the right to collateral security and the registration of the establishment of the right to collateral security worth KRW 74 million for the maximum amount of claims established on the said land, thereby acquiring property profits worth KRW 140 million in total.

Summary of Evidence

1. Legal statement of the witness D;

1. Part concerning D in the protocol of interrogation of the suspect against the defendant in the prosecution;

1. The entire certificate of each registered matter (the defendant and his defense counsel did not deceiving the victim to pay the borrowed money on the face of the cancellation of the right to collateral security, and there was no intention to acquire it by fraud.

The argument is asserted.

However, the above-mentioned evidences.