The defendant shall be innocent.

1. The summary of the facts charged was, around March 31, 2012, at the E Licensed Real Estate Agent Office of the Victim D located in Gangnam-gu, Seoul, the Defendant agreed to cancel the right to collateral security (hereinafter “instant right to collateral security”) in the name of the Korea Exchange Bank (hereinafter “instant right”) established on the above apartment until the remainder payment date while selling the F apartment 704 Dong 1305,000,000, Seoul, which was owned by the Defendant as a broker of the said victim, to G around March 31, 2012. However, the instant right to collateral security (the instant right to collateral security) has already been provided as collateral for about KRW 66 million in addition to the Defendant’s obligation to pay credit loans, the Defendant was able to cancel the right to collateral security only if it should additionally repay the Defendant’s personal credit loans, but it was impossible to cancel the instant right because it was not repaid by May 10, 2012.

On May 14, 2012, the Defendant, at the above office, received a claim from the apartment buyer, stated that “The Defendant would pay in part the amount of KRW 18 million that he/she borrowed from his/her mother to his/her mother, which he/she would have been paid in part to his/her mother, and if he/she cancelled the right to collateral security by paying in lieu of the remainder of his/her obligation, he/she would immediately pay in part.”

However, at the time, the property of the defendant was in arrears with monthly rent and management expenses, etc. because the amount of 20 million won of the lease deposit, which the defendant had resided in the defendant's property, was not a certain amount of income without all or a job, and there was about 66 million won of the credit loan to the above foreign exchange bank. Therefore, even if the victim subrogated for the defendant's credit loan obligation, he did not have the intention or ability to pay the above money to the victim.

Around May 14, 2012, the Defendant deceivings the victim as such and caused the victim to pay the Defendant’s debt amounting to KRW 29,644,189 at the point of Korea Exchange Bank located in the territory of Korea Exchange Bank, and the Defendant’s debt amounting to KRW 20 million in Seoul, Gangnam-gu.