On August 17, 2009, the Defendant accompanied with D, who is a certified public accountant, and obtained a loan from the lending company, such as Capital, etc. to pay KRW 40 billion at the latest five days of the appraisal of the above building, to the effect that the Defendant borrowed KRW 30 billion from the lending company, such as Capital, etc., for the purpose of purchasing the 15 billion fake building in Busan, by remodelling the building on the part of the victim F and/or Busan. On the other hand, the Defendant may obtain a loan of KRW 8 billion from the third financial right and obtain a loan of KRW 1 billion from the lending company before receiving the loan of KRW 8 billion. If the Defendant borrowed KRW 30 billion from the appraisal cost necessary for the appraisal of the building, he would have received KRW 40 million from the lending company, such as Capital, etc. at the latest, at the latest 5 days of the repayment of KRW 50 million. The Defendant concluded that the registration of the establishment of a mortgage on D apartment owned by a certified public accountant.

However, even if the defendant borrowed money from the victim, the defendant did not have the ability to repay the victim's loan, and not only did the victim have the ability to register the establishment of the mortgage on the apartment owned by D but also did not have the ability or authority to establish the mortgage on the apartment owned by D.

The Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the corporate bank account in the name of the Defendant’s name on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. Entry of the accused in part of the protocol of examination of the suspect against the accused in the prosecution (second time);

1. A copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. A copy of the police examination protocol (the first time and the suspect questioning) of the accused and the documents concerning each of the consigned boxes;

1. A copy of the protocol concerning the examination of suspects of D (second time);

1. Statement of the police statement concerning F;

1. A investigation report and remittance statement, consignment boxes documents, special agreement on the sale of real estate, intent to sell real estate, and intent to purchase real estate;

1. References for the investigation report: H.