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The defendant shall be innocent.
Reasons
1. The Defendant was the owner of Busan Southern-gu shopping mall C2 commercial building.
On February 13, 2012, the Defendant made a false statement to the victim D on February 13, 2012, stating that “The sum of the debts of the past commercial housing was sold at KRW 700 million, but is KRW 50 million,00,000,000,000 to be succeeded by the purchaser and paid KRW 70 million and the balance of the contract deposit and KRW 80,000,000,000,000,000,000 won, on the first of all, the expenses for termination, such as provisional seizure, will be cancelled by cancelling all debts other than the inherited debts, such as the registration of the decision to commence the auction and the cancellation of the registration of provisional seizure of tax affairs.”
The victim believed the above false language of the Defendant, i.e., entered into a sales contract for the above commercial house with the Defendant, and delivered KRW 70 million to the Defendant as the down payment, and delivered KRW 132 million in total to the Defendant on April 22, 2012, KRW 22 million on April 24, 2012, KRW 200,000 on May 25, 2012, and KRW 21 million on May 25, 2012.
However, at the time, the above commercial housing was established as a collateral on the debt amounting to KRW 7150 million in total, including the debt amounting to KRW 1550 million against the Muwon Credit Cooperative, and the defendant had no intention or ability to cancel all obligations other than the succession obligations, such as cancelling provisional attachment of the Muwonwon Credit Cooperative's decision on commencement of auction even if he/she received money from the victim, and cancelling the registration of the decision on commencement of auction.
Accordingly, the defendant, by deceiving the victim, received property of KRW 132 million.
2. The following circumstances acknowledged by the record of judgment, namely, the amount of KRW 90 million, out of the amount of KRW 132 million received from the victim, was used for the cancellation of the collateral and the repayment of the debt set forth in the above commercial housing.