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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The Defendant borrowed KRW 50 million from the injured party, and set up a second priority collateral security right with the maximum amount of KRW 70 million in the amount of claims on the 38,846 square meters of land D in Gangseo-si, the Defendant owned by the Defendant (hereinafter “Yung-si Forest”).
Although the highest amount of KRW 210,000,000 was set on the forest of Gangnam-si, the market price was approximately KRW 310,000,000 at the time, and the appraised value was assessed as KRW 29,345,200 in the auction procedure, and the victim was awarded a successful bid of KRW 279,00,00,000, and the victim was distributed KRW 6490,782.
Therefore, the defendant did not have the intent and ability to repay the borrowed money, since the defendant provided sufficient collateral when borrowing money from the damaged person.
shall not be deemed to exist.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. The summary of the facts charged in this case and the judgment of the court below 1) The Defendant: (a) at the time, at the time, did not pay the purchase price for the forest land D 38,876 square meters, and completed the registration of ownership transfer in the name of the Defendant; (b) however, the ownership transfer was not made in advance to the previous owner; (c) most of the forest land was incorporated into a planned management area, an agricultural and forest area, and a preservation and management area; (d) the appraisal of the forest land was limited to KRW 125,00,000; and (e) the mortgage was already established with a maximum amount of KRW 21,00,000,000 for the claim amount of KRW 53 square meters of the land E site owned by the Defendant; and (e) there was no plan to designate the said real estate as Korea-style village from the beginning to the Cheongju-si, and on the other hand, the claim amount was set at KRW 310,000,000.