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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On April 24, 2006, when the Defendant was operating D Co., Ltd., the Defendant set up a collateral security of the maximum amount of KRW 260 million against the land and buildings located in Seocho-gu Seoul, Seoul, which are owned by the victim with the victim E’s permission, and did not repay the principal amount of KRW 135 million during the loan by obtaining a loan of KRW 200 million under the name of the said company.
In August 2008, the Defendant paid the interest of KRW 2,50,000 per month on September 30, 2010 to the victim by subrogated repayment of the loan amounting to KRW 135,00,000,000 to the victim in Seocho-gu, Seoul.
“A false representation was made.”
However, in fact, the defendant has already been liable for a debt equivalent to KRW 200 million and there is no other property, and even if the victim is subrogated to repay the loan, the defendant did not have the intent or ability to pay it
Nevertheless, on September 30, 2008, the Defendant enticed the victim and caused the victim to obtain the amount equivalent to 135 million won of the loans under the name of the said company from the Central Enterprise Finance Branch of Yeongdeungpo-gu, the above new bank, etc. on September 30, 2008.
2. The following circumstances revealed in the evidence duly adopted and investigated in this court: ① the Defendant promised the victim to pay KRW 2.5 million per month to the victim; ② on April 24, 2006, the Defendant was granted the right to collateral security of KRW 260 million with the maximum amount of the claim amount of KRW 260 million with the above company’s debt in the above real estate at the market price of KRW 2.6 billion with the above company’s debt at the time when the right to collateral security was established on April 24, 2006; ② the Defendant received a loan of KRW 200 million from the new bank with the above collateral and used the above company’s operating funds; ② the Defendant paid the above loan principal in August 2008 with the loan principal of KRW 165 million,000,000 with the above company’s financial situation, which became worse, and ③ the fact was known to the victim.