The Defendant, around December 15, 2010, at E office located in Gangnam-gu Seoul Metropolitan Government, on the second floor of the building located in Gangnam-gu, the second floor, “No national tax in arrears is more than 8.3 million won, and this is also to be paid, if he/she loans KRW 1.00 million, he/she shall pay the monthly interest of 2.5 percent, and he/she shall pay it after 3 months. The underground floor 1, 2, and 3 of the building of this case (three sections for exclusive use, hereinafter “the building of this case”) is owned by the Defendant, and the first floor 2 is owned by E, and the first floor 2 is to establish a right to collateral security.” The Defendant jointly prepared that “No national tax in arrears as of the date of the preparation of each letter is national tax in arrears and no local tax in arrears is national tax in arrears, and no local tax in arrears is paid in full by 10th December 1, 201.”

However, the defendant is in arrears with national taxes equivalent to KRW 1.34 billion on the above temporary basis, and the above national taxes are more effective than the date of the establishment of the mortgage, and thus preferential repayment is possible than the right to collateral security. Therefore, even though they are important parts in the value of collateral, they are deceiving as if they did not have any national taxes in arrears.

In addition, since the interest on the loan is repaid in the way that the defendant did not make profits from the company operated by the defendant, and even if the above amount is borrowed from the victim, there was no intention or ability to repay on the agreed date.

Ultimately, the Defendant, as seen above, deceiving the victim of the important part of the loan and received a total of KRW 200 million from the Gangnam-gu Seoul Metropolitan Government Cheongdam-dong 78-6 Hyundai Swiss Mutual Savings Bank, a total of KRW 100 million check from the victim around December 16, 2010, and transferred KRW 493.2 million on the same day.