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The defendant's appeal is dismissed.
Reasons
1. Around June 24, 2014, the summary of the facts charged: (a) the Defendant paid KRW 2.80 million to the victim with a view to settling a partnership relationship with the victim B; and (b) made a written agreement by which the Defendant set up a second priority right of collateral security (hereinafter “instant right of collateral security”) on the land owned by the Defendant, Jungdong-gu, Busan-gu and D (hereinafter “instant land”); and (c) on January 13, 2015, the victim carried out voluntary auction based on the instant right of collateral security (hereinafter “instant right of collateral security”).
Around June 7, 2017, the Defendant made a false statement to the effect that “The Defendant would set up an additional collateral security equivalent to KRW 100 million on the instant land at the time of withdrawal of the auction, and repay the principal KRW 100 million up to December 30, 2017, which was additionally set up to KRW 280 million.”
However, in fact, the Defendant thought that he would sell the instant land to F on June 8, 2017, which is the following day, there was no thought that the victim would additionally set up the right to collateral security equivalent to KRW 100 million, and there was no intention and ability to additionally pay KRW 100 million until December 30, 2017.
Nevertheless, the Defendant, by deceiving the victim as above, had the victim withdraw the voluntary auction on the same day, thereby acquiring economic benefits in the market price.
2. Summary of the judgment below
A. At the lower court, the Defendant had the intent to set up an additional collateral on June 7, 2017, but, at the time of withdrawing a voluntary auction (hereinafter “instant agreement”), did not state the content of the secured obligation regarding the additional collateral, the Defendant demanded re-preparation of the agreement in order to clarify it. However, the Defendant asserted that it was merely a failure of the victim to set up an additional collateral by refusing to do so.
(b) against this;