A defendant shall be punished by imprisonment for six months.

except that 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

"2015 Highest 453"

1. The defrauded C, against the victim C, acquired a collateral security right of KRW 80 million in total (80 million in total) on the land located in Yongsan-gu Seoul Metropolitan Government, Seoul, which is owned by F as a person who has pledged his/her property to secure his/her claim against D (the debt acquisition from E around August 5, 201) with F as a person who has pledged his/her property to secure another’s claim against D (the debt acquisition from E).

At the time, the instant land was set up a collateral which guarantees 200 million won against the victim’s credit, and H, the F’s creditor, applied for an auction of the instant land with a claim of KRW 20 million, and the auction was underway.

On the other hand, as a building business operator, the Defendant agreed to construct a building on the instant land (hereinafter “instant building”) by mutual agreement with D and F.

On March 21, 2012, the Defendant: “The Defendant shall pay 10 million won to the victim by April 15, 2012, on the face of the termination of the right to collateral security established on the instant land by the Party, and shall pay 65 million won at the same time as the completion inspection after the new construction work after the completion of the new construction work,” and the Defendant received from the victim the documents necessary for the termination of the right to collateral security at the same time with the consent of the victim and received the documents necessary for the termination of the right to collateral security in the name of the victim on the day.

However, in fact, the construction cost that the defendant could receive from the owner D (F) did not have the ability to prepare the construction cost, and even if the defendant obtained a loan from the financial institution as collateral after obtaining the consent from the victim for the termination of the collateral security, the creditor who applied for the commencement of auction and the livestock industry cooperative, which is the senior mortgagee, should be repaid preferentially to the creditor who applied for the commencement of auction, and the defendant should pay the loan borrowed from the construction cost, so the defendant should construct, sell or sell the building on the land of this case.