On August 13, 2008, the Defendant was sentenced to a suspended sentence of ten months for a criminal offense at the Seoul Central District Court sentenced to a suspended sentence of ten months for a criminal offense, and the judgment was finalized on December 10, 2008. On November 19, 2008, the Seoul Southern District Court sentenced a suspended sentence of eight months for a criminal offense of breach of trust, and the judgment became final and conclusive on November 27, 2008.

On June 2008, the Defendant made a false statement to the Defendant that “The Defendant would develop the E, F, G, and H land owned by the Defendant and build a new 24 households of the high-class loan 320 million won in total, including the cancellation cost of the senior mortgage and the construction cost, the sum of principal and interest shall be 350 million won after the three months, and if the Defendant lent the cancellation cost of the senior mortgage as soon as possible, he would cancel the senior mortgage and make it possible to create the senior mortgage as the senior mortgagee.”

However, the above land was not owned by the defendant, and even if it was borrowed money from the victim under the above name, it was planned to use it as purchase of comprehensive construction license, repayment of existing debts, construction cost, etc. At that time, the defendant bears a large amount of liability of KRW 200 million for outstanding land purchase, KRW 150 million for outstanding agricultural loans of KRW 150,000,000,000 for personal debts of Y, I, and J, etc., and there was no intention or ability to pay the money borrowed from the victim after cancelling the right to collateral security created in the future of YUF as the promise, or establishing the senior collateral security to the victim or establishing the high-class loan 24 new construction works.

Nevertheless, on June 11, 2008, the Defendant received KRW 130 million from the victim to the agricultural bank account under the name of the Defendant, and received KRW 150 million from the multilateral bank in which it is impossible to know the trade name in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, around June 25, 2008.

Accordingly, the defendant is the victim.