The Defendant was the person registered in the name of the Daegu-gun C building. On March 29, 2013, the victim E-house located in Daegu-gu Dong-gu, Daegu-gu, and on March 29, 2013, the Defendant was the person with the lower right of claim amounting to KRW 86 million against the above building. The Defendant paid the Defendant a debt equivalent to KRW 70 million over three years on the face of the termination of the right to collateral security of the above building.

“The phrase “ was false.”

However, around that time, the Defendant was a bad credit holder, and was liable for 2,6720,00 won, while the Defendant’s operation fund was appropriated by card for the Defendant’s operation of the restaurant. From January 2013, the above restaurant was operated as a enemy by failing to pay the rent of the above restaurant. Since there was no particular property, the victim did not have any intent or ability to pay the victim a debt equivalent to 70,000 won over three times even if the said mortgage was terminated by the victim.

Nevertheless, the defendant deceiving the victim as above and caused the victim to cancel the registration of the establishment of the right to collateral security equivalent to the maximum amount of 86 million won on the same day from the victim, thereby acquiring pecuniary profits equivalent to the value of collateral.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A detailed statement of entry and withdrawal (E), a loan certificate, a conciliation protocol, and a copy of a passbook;

1. Written complaint and accompanying documents (No. 1 through 3 No. 1 of the evidence list);

1. Each investigation report (Nos. 11, 15, 19, and 20) [Judgment on the assertion of the defendant and his/her defense counsel] and the defendant and his/her defense counsel had no intention to acquire the collateral security, which was established by borrowing KRW 30 million from the injured party on February 8, 2011 among the facts charged in this case, with respect to the cancelled part on March 29, 2013, by fraud.

Appellanting that, on March 29, 2016, the due date for payment extended on its main basis, around two years prior to the due date as of March 29, 2016, the conciliation was concluded that the injured party filed a lawsuit for payment of the said KRW 30 million and the payment of the said KRW 13 million around December 2014, and the Defendant paid all the said money.