A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 4, 2013, the Defendant, at his own initiative, filed for registration of the establishment of the right to collateral security (hereinafter referred to as the “right to collateral security”) with respect to the land and building located in the F in Gwangju City under the name of the Defendant or D (former: E) (hereinafter referred to as the “instant real estate”), setting the maximum amount of the claim to the victim as KRW 140 million, and subsequently auction proceedings were conducted on the instant real estate.

On December 2, 2013, at the office of the non-legal counsel located in Seocho-gu Seoul Metropolitan Government Seocho-gu's Seocho-gu, the defendant falsely stated that "the victim's right to collateral security (the right to collateral security established in the name of the victim) is to be transferred to G (the defendant's father) in the name of the defendant's his/her father, and that "the victim will set up the right to collateral security

However, even if the real estate of this case was sold at G under the name of G, it was planned to set up the right to collateral with the maximum amount of KRW 192 million against H and one other in the second order after setting up the right to collateral with the first order of the bank that newly established the right to collateral with the maximum amount of KRW 120 million against H and one other in the second order, and there was no intention or ability to set up the right to collateral with the second order against the victim.

On December 10, 2013, the Defendant: (a) had the victim transfer the secured claim of the instant right to G; (b) had the nominal owner of the instant right to collateral transfer the same to G; (c) obtained pecuniary benefits equivalent to the maximum amount of the claim by registering the change to G around December 12, 2013; (d) had the instant real estate sold to G in the name of G on March 13, 2014; and (e) created a maximum amount of KRW 192 million on the same day to the new bank, Inc., a mortgage with the maximum amount of KRW 120 million, and a mortgage with the maximum amount of KRW 120,000,000,000, in the second order to the non-party 1.

As a result, the defendant deceiving the victim and let G enter the indictment as stipulated in Article 347, Paragraph 1 of the indictment, but since the transferee of the right to collateral security is G, the above person is subject to the right to collateral security.