The defendant shall be innocent.

1. The summary of the facts charged stated in the indictment that “E” operated by the victim D, who had been in the Seoul Special Self-Governing Province, around August 21, 2006, borrowed principal and 5.5% of the monthly loan to the victim within 300 million won, provided that “6.5% of the borrowed principal and 5.5% of the monthly loan,” but this appears to be a clerical error in the indictment. However, even though the Defendant already owned some real estate at the time, it is difficult for the Defendant to make additional loans from financial rights due to the right to collateral security at KRW 1.35 billion of the maximum debt amount set forth in the above real estate on the ground of the maximum debt amount of KRW 1.355 billion, which was already owned by the Defendant, and there was no other revenue and property, and the existing financial institution’s debt amount of KRW 1.04,000,000,000,000 won, which should have been paid by the victim within 6.5 months of the loan.”

there was no intention or ability to pay interest.

The Defendant, as above, by deceiving the victim, received 240 million won as a check from the victim on the same page as the borrowed money.

2. Determination

A. The summary of the Defendant’s assertion is that the Defendant provided real estate owned by the Defendant as security at the time of borrowing money from the victim, and that the secured value was overcoming the borrowed money, so it cannot be said that the Defendant had the criminal intent of defraudation.

B. According to the records of this case, around January 2006 and around February 2, 2006, the Defendant purchased a parcel of land and one building outside of Gwangju Northern-gu, Gwangju Northern-gu, G land and building, and one parcel of land outside Gwangju-gu, Nam-gu, Gwangju-gu, totaling KRW 1.44 billion in a voluntary auction procedure, and submitted evidence 2, and the appraisal price of the above real estate is KRW 3.1 billion in total.