The defendant shall be innocent.

1. Around March 16, 2007, the summary of the facts charged is that the Defendant owned a commercial building of 601, 608, 609, and 610 (hereinafter “instant commercial building”) equivalent to KRW 900 million on the 6th floor of the Goyang-gu E building in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant commercial building”) at a consulting office for the management of the victim D in Gangdong-gu Seoul Metropolitan Government around March 16, 2007. The Defendant provided that, if he borrowed money, he would offer it as security and repay it within 3 months.

However, there was a dispute over the issue of transfer of ownership and succession of obligations between the former owner at the time, and there was a debt of KRW 300 million with respect to F as the purchase price of the instant commercial building, and it was difficult to obtain additional loans from the bank, and thus, there was no intention or ability to repay the said loan as agreed even if the said victim borrowed money from the bank.

Nevertheless, on March 19, 2012, the Defendant obtained 110 million won as a loan borrowed from the above victim and acquired it by fraud.

2. The judgment of this Court

A. It is true that the defendant alleged that he borrowed money from the victim D as stated in the facts charged, but in fact, the above victim provided the commercial building as security, and all of the facts that the commercial building in this case was nominal to another person at the time of borrowing, and that prior priority exists in the commercial building in this case. The dispute with the former owner does not affect the right to collateral security of the victim, which is a third party, and thus, there is no possibility of deceiving the above victim.

B. Comprehensively taking account of the evidence duly adopted and examined by the court of first instance, (1) around March 16, 2007, the defendant agreed to lend 200 million won to the above victim 3% interest per month and 300 million won per month after the due date for repayment of 3 months with respect to the commercial building of this case as security between G and the loan company operated by the victim D, which is an employee of the above victim D, by setting the second priority mortgage with respect to the maximum debt amount of 300 million won.