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The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. Around March 2009, the Defendant, at the bar office located in Seocho-gu Seoul Metropolitan Government, stated that “The Defendant would construct a senior citizens’ medical care center on the land of approximately KRW 30,000,000,000,000,000,000 from the Korea Credit Guarantee Fund and will come to KRW 10 billion for the subsequent three months.” However, the Defendant would pay KRW 600,000,000,000,000,000,0000,000,000,000,000,000,000,000,000 KRW 30,000,00,000,000.”
However, in fact, the Defendant, without any personal funds, borrowed money from other persons, such as J, K, L, and only purchased the above land, and there was no intention or ability to carry out construction works for the above medical care center that requires ten billion won construction cost due to the lack of the construction funds. Moreover, there was no circumstance that construction funds will be raised within three months since the Korea Credit Guarantee Fund actually received the surety insurance policy.
On April 3, 2009, the Defendant, by deceiving the victim as such, received KRW 165,00,000 from the victim as the borrowed money from the victim, and received KRW 165,00,000 from the victim as the check and cash, from July 27, 2009, and acquired KRW 926,00,000 from the victim as the borrowed money.
2. Determination
A. The facts of recognition 1) The process of lending and setting up security ① The victim respectively lent to the Defendant the amount of KRW 165,000,000 on April 3, 2009, and KRW 363,00,000 on April 6, 2009 (number 1,2,000 per annum). On April 3, 2009, Namyang-gu, Namyang-si, the amount of KRW 12,06,066 square meters in Fanland, G 152 square meters in size, 590,000 square meters in size prior to I, and 257 square meters in size prior to H (hereinafter “instant land”).
The land No. 1 of this case was in the state of title trust by the defendant to M.
As to the maximum debt amount of KRW 900,000,000 has been registered. ② The maximum debt amount (the maximum debt amount) of the Young-gun Forestry Cooperatives established on the land of this case is the right to collateral security (the right to collateral security).