Defendant shall be punished by imprisonment for two years and fine for 2,00,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

[2014 Highest 224] Defendant is the representative of the D Co., Ltd. in Chungcheongnam-si, and E is the owner who intends to purchase the land of the F, G, and H in Chungcheongnam-si and build a studio building. The victim I loaned funds to E for the construction of a studio building. The J extended funds to E and set up provisional registration of KRW 250 million for G out of the above land. K is the construction contractor who entered into a contract with E on March 29, 2005 for the construction of a new building with each of the above land.

On March 16, 2007, the Defendant received from K the authority to dispose of land and unbuilt buildings on April 28, 2008 while entering into a subcontract for civil engineering works among the construction works for each of the above lands.

1. On December 15, 2008, the Defendant, at the office of D Co., Ltd. operated by the Defendant in Chungcheong City Co., Ltd., the Defendant: (a) deleted two collateral security rights equivalent to KRW 500,000 (50,000) KRW 500,000,00 of the claim amount set up against Chungcheong City F land; and (b) transferred this real estate to L’s mother. On the other hand, the Defendant would have the right of ownership of D Co., Ltd., which was set up on G building and the provisional attachment of D Co., Ltd, which was set up on the building in Chungcheong City, cancelled the registration of the transfer price;

“False speech” was made.

However, even if the victim had cancelled the right to collateral security against F land and transferred it to the defendant, the defendant did not have the intent or ability to cancel the provisional registration of J established on G land.

Nevertheless, on January 21, 2009, the Defendant, by deceiving the victim, had the victim cancel 200 million won in total of the maximum amount of the claims against the victim of the right to collateral security established on F land at Chungcheongnam-si. On the same day, the Defendant acquired the financial benefits equivalent to 500 million won by having the Defendant registered the transfer of ownership in the name of his mother L.

2. February 2, 2013