[2013Gohap643] The Defendant was a person who operated the said company with the Chairperson K (hereinafter “K”) and L (hereinafter “L”) of a multi-level financial company (hereinafter “K”), and was aware of M through the introduction of the victim M in early April 2007, M was a 3rd disabled person, but M was aware of the possession of a bit billion won property in the course of operating a mobile phone agency, with the intention to acquire money from M by deceiving M as if he would guarantee high-profit profits through access and real estate development.

At the time, the Defendant was a bad credit holder due to the default of taxes of KRW 20 million, and the Defendant did not have any intent or ability to repay money even if he borrowed money without any assets.

1. On April 6, 2007, the Defendant: (a) conspired with O (the aforementioned K and LP) to borrow KRW 1 billion from Ma from L office located in Gangnam-gu Seoul on April 6, 2007; (b) the Defendant agreed to do so to M as a collateral for the above borrowed money; (c) M was not willing to register the establishment of a mortgage on the 100 square meters of the land, T 327 square meters of the land, T 100 square meters of the land, T 92 square meters of the land, U 532 square meters of the land, and the second-story building on the land (hereinafter “the instant real estate”); (d) the Defendant had no actual profit with the financial multi-level company; and (e) the Defendant had no intention or ability to pay the principal and interest thereof properly; and (e) at the time of the instant real estate with the registration of the establishment of a mortgage on March 21, 200, M&T 2000 won and the maximum debt amount of the mortgage.