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The defendant shall be innocent.
Reasons
1. Around January 2, 2007, the Defendant filed a lawsuit seeking the return of the loan to repay the amount of KRW 130 million to the victim C at the public service center of the Seoul Southern District Court in Yangcheon-gu Seoul, Seoul, Seoul, to the effect that the Defendant would repay the amount of KRW 130 million to the victim C.
However, there was no fact that the defendant lent KRW 130 million to the victim, and the victim was only issued a loan certificate prepared by the victim to borrow KRW 133 million from the defendant on the condition that he uses it for the property registration from the victim D who is a female student of the victim.
As above, the Defendant submitted the loan certificate received from D to the public service center of the Seoul Southern District Court as evidence of the above lawsuit claiming the return of the loan, and acquired the amount of KRW 133 million and the amount of interest in arrears with the Seoul Southern District Court's winning judgment that believed it to be genuine.
[2012 Highest 1482] The defendant filed a lawsuit claiming the return of loan (Seoul Southern District Court 2007Gahap89) with D to repay the loan amount of KRW 1330 million from D around January 17, 2006 on the ground of the above loan certificate, on or around January 2, 2007, since he did not receive the loan amount of KRW 130,000,000,00 from D as the sale price of the apartment unsold in lots. On November 15, 2006, the defendant filed a lawsuit claiming the return of loan amount of KRW 130,000,000 from D to D to pay the loan amount of KRW 133,00,000,000,000,000 from the above loan certificate. On November 15, 2006, the defendant filed a provisional seizure registration against 8 lots of land, other than the Gyeonggi-gun District Court, and two buildings, against D on November 1, 2006.
Under such circumstances, the Defendant agreed to receive KRW 170 million from D over three occasions on February 2007, subject to the withdrawal of all civil and criminal cases brought by the Defendant between D and D on February 2007, and among them, D, C, with the issuer column for the bond security for KRW 70 million.