특정경제범죄가중처벌등에관한법률위반(사기)
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. On March 9, 2011, the Defendant: (a) at the Daegu-gu Office No. 207, Daegu-gu Office of 207, the Defendant agreed that the victim D (owner) E will sell the entire 6-7 floors of the said building (hereinafter “instant real estate”) to KRW 3.5 billion (Additional Tax).
Therefore, on the same day, the Defendant purchased the instant real estate from D (State) in the amount of KRW 3.5 billion, and the amount of KRW 200 million shall be paid at the time of commencement of the interior works, and the remaining KRW 1.5 billion shall be paid at the time of completion of the interior works ( July 31, 201), and the remainder KRW 1.5 billion shall be given at the time of completion of the interior works, within one year from the date of completion of the interior works, and when the said KRW 2 billion (2 billion KRW 1.8 billion) is paid, the sales contract was concluded to receive documents for the transfer of ownership to the instant real estate, and the Defendant paid the above KRW 200 million to the victim on the same day.
Since then, the Defendant did not have any money to be paid upon the transfer of ownership to the above E, and first, upon the transfer of ownership registration documents for the instant real estate, the Defendant would immediately receive a loan from the bank as collateral after the transfer of ownership. On October 19, 2011, the G Law Office drafted a notarized document stating that “2 billion won out of the total sale price of KRW 3.5 billion shall be paid at the time of transfer of registration, and the balance shall be paid on October 23, 2012.”
However, as above, although the Defendant intended to obtain a loan of KRW 1.8 billion from a bank as collateral and pay it to the victim, around October 24 to 25, 201, a person in charge of loans from the National Federation of Fisheries Cooperatives (hereinafter “the Federation”) around October 24, 201, as a type of business of avoiding loans that will be established in the instant real estate, it was not loans of KRW 1.8 billion, but only KRW 1 billion, and it was extended at the time of the completion of construction or construction.
Thus, on October 27, 201, the defendant extended a loan of KRW 1 billion to the above E at the (State I) I Office located in the Busan Dong-gu, Busan, and at the completion of the construction work, KRW 80 million additionally.