사기
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On January 19, 2015, the Defendant: (a) borrowed KRW 200 million out of the purchase price from the victim B for the purchase of land; (b) borrowed KRW 150 million from the victim as an investment deposit; (c) on January 19, 2015, the Defendant prepared a letter of confirmation of confirmation and payment of the Defendant’s obligation to the victim amounting to KRW 350 million; (d) around January 21, 2015, the Defendant issued a promissory note amounting to KRW 300 million to the victim; and (e) prepared a authentic deed of promissory notes (No. 10, Jan. 21, 2015, No. 2015, No. 300 million from the victim; and (e) made a notarized deed of money loan agreement with the Defendant, D, and E jointly and severally, as of the same day (No. 1515, Jan. 21, 2015).
On October 19, 2016, the Defendant did not perform the content of the aforementioned confirmation of facts and the letter of undertaking for payment, and thus, the Defendant created a collateral security with the maximum amount of KRW 150 million against the victim’s land and building owned by F G in Incheon Cheongjin-gun with the maximum debt amount of KRW 150 million. Within December 15, 2016, the Defendant shall obtain a loan from the bank and pay KRW 150 million with the loan within December 15, 2016, and shall terminate the collateral security. 2. The Defendant shall pay KRW 25 million to the victim within December 31, 2017. The Defendant provided collateral security at the first generation of H building owned by D, and the victim completed the collateral security establishment under the above 1, 201, 3. At the same time, the Defendant withdraws all compulsory execution under Article 2015 No. 10 and 111 of C2015, and the Defendant shall both return the authentic deed to the Defendant and withdraw all criminal charges (hereinafter referred to “instant agreement”).
Accordingly, the defendant is owned by the victim of the land, building, and D owned by the F G of Incheon Spojin-gun.