Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

As the Defendant borrowed KRW 320 million from the victim C as collateral, on May 8, 2012, the Defendant did not indicate the order of priority as to the Defendant’s land D, E, and F (hereinafter “the instant forest”) in the instant forest owned by the Defendant on May 8, 2012. However, it does not seem that the aforementioned order is obvious and without any changes in the indictment, thereby hindering the Defendant’s defense right by recognizing it without any changes in the indictment.

The right to collateral security (hereinafter referred to as the "mortgage of this case") was created and created.

As the business that was operated in this case is difficult, there is a shortage of funds, and there is a demand to repay debts from creditors with money exceeding KRW 150 million due to the business funds, the defendant had the victim cancel the registration of the establishment of the right to collateral security, and he had the victim receive an additional loan by using the forest of this case as security again. On October 2015, the victim was called by telephone on the victim on the date of the cancellation of the registration of the creation of the right to collateral security of this case, and on November 5, 2015, the defendant sold the forest of this case by selling the forest of this case and repaid KRW 50 million until November 5, 2015, and the remainder shall be repaid by November 1, 2015, and the remainder shall be repaid by December 2015.

“.....”

However, in fact, the defendant had the victim registered the cancellation of the mortgage of this case and then had the victim re-registered the forest of this case with the forest of this case as a collateral to use it for the purpose of personal debt repayment, etc., but did not have any intention or ability to repay the money borrowed from the victim with the purchase and sale of the forest of this case.

On October 28, 2015, the Defendant deceiving the victim as above and caused the victim to register the cancellation of the instant collateral on the forest land of this case, thereby acquiring the pecuniary benefit equivalent to the maximum amount of KRW 200 million on the instant collateral security claim.