The defendant shall be innocent.

1. The facts charged in this case

A. On December 10, 2010, the Defendant loaned 32 million won or more to the victim E at a certified judicial scrivener office located in the Dosan-si, Si, Si, Gun, for a monthly interest rate of 5%, and borrowed existing funds until February 9, 2011.

In order to pay KRW 50 million including KRW 10,80,000 and interest, the false statement was made that the amount of KRW 11,792 square meters (hereinafter “instant land”) of F forest land in Gunsan-si will be set up with the maximum claim amount of KRW 53 million.

However, in fact, while the Defendant did not have any particular income, there was a debt of KRW 200 million, and even if the instant land was unable to repay the existing debt, and the Defendant borrowed money from the injured party, such as the decision to commence an auction on August 2010 and October 2010, there was no intention or ability to normally change it.

Nevertheless, the defendant deceivings the victim by the above method and received 32 million won from the injured party on the same day as the borrowed money on the same day.

B. On March 18, 2016, when the Defendant was unable to obtain a loan from the bank as collateral due to the victim’s right to collateral security from the Defendant’s house located in the Si of Gunsan-si, the Defendant made a false statement to the victim stating that “I would obtain permission to collect earth and rocks with respect to the instant land, and would make reimbursement of KRW 10 million until March 30, 2016, and KRW 63 million until July 30, 2016, upon cancellation of the right to collateral security established during the period.”

However, there is no fact that the Defendant does not confirm whether the village residents agree to the collection of earth and stones, and it was unclear whether the tinsan development project was carried out because it did not take all necessary procedures such as environmental impact assessment or disaster impact assessment to obtain permission for the collection of earth and stones, and even if the mortgage is cancelled, it is difficult to normally repay the borrowed money to the victim even if the mortgage is cancelled.