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The defendant shall be innocent.
Reasons
1. On June 3, 2008, the Defendant stated in the facts charged that “A victim C will be linked to various interest projects related to redevelopment if internal house is the chairperson of the D redevelopment promotion project, and if the Defendant lends KRW 150 million to the Seoul Seocho-gu Seoul Central District Court, the Defendant believed that a multi-household house located in Seongbuk-gu Seoul Metropolitan E, to be established a collateral security, and lent KRW 150 million to the victim C.”
However, not only did the Defendant did not have the intent or ability to connect the victim to the interest sphere business, but also as of June 3, 2008, the Defendant had the obligation to borrow the amount equivalent to KRW 150 million with respect to F, capital gains tax and global income tax amounting to KRW 85,083,110, capital gains tax and global income tax, KRW 21,107,200, and KRW 2107,200. Since the assessed value was the amount of KRW 140,000,000 from the victim, the Defendant had no intention or ability to repay it even if he borrowed KRW 150,000 from the victim.
As above, the Defendant, by deceiving the victim as above, received from the victim i.e., KRW 150,000 from the victim, and acquired it by deception.
2. Determination
A. According to the evidence adopted and examined by the court, the following facts can be acknowledged.
(1) The Defendant was the chairman of the D Redevelopment Promotion Committee from around 2004 to May 201, and G was the H director who entered into a redevelopment-related consulting contract with the said redevelopment Promotion Committee, and C, the complainant, provided consultation on real estate reconstruction and redevelopment.
(2) Of the legal relationships of Seongbuk-gu Seoul E branch office No. 1 (hereinafter “instant real estate”) owned by the Defendant, the parts related to the instant case are as follows.
① Acquisition of Defendant’s ownership on October 20, 2006 ② Establishment of chonsegwon (right to lease on a deposit basis) in the future on October 20, 2006 ③ Establishment of a right to collateral security (right to lease on a deposit basis) on October 20, 2006 ④ Establishment of a right to collateral security (right to collateral security KRW 50 million) in the F.