The defendant shall be innocent.

1. On July 28, 2016, the Defendant: (a) filed a lawsuit seeking the return of unjust enrichment with respect to the instant apartment owned by the Defendant (hereinafter “instant apartment”) with the Jeonju District Court on the charge that: (b) the provisional seizure of the victim D who caused the Defendant’s claim for return of unjust enrichment amounting to KRW 64 million was completed; and (c) on September 23, 2016, the Defendant filed a lawsuit claiming the return of unjust enrichment against the Defendant that the Defendant would be subject to compulsory execution against the instant apartment owned by the Defendant; and (d) on November 23, 2016, the instant apartment located within the Defendant’s residence, the Defendant did not bear a debt against the F Co., Ltd.; (b) the Defendant, an employee of the said company, was obligated to make the said contract claiming the establishment of the mortgage and to pay the maximum debt amount of KRW 80 million to F Co., Ltd.; and (c) the Defendant, as an employee of the said company, agreed upon the establishment of the mortgage and the maximum debt amount of KRW 800 million.

Accordingly, in order to escape from compulsory execution from the victim, the defendant committed a false debt of KRW 80 million, thereby damaging the victim.

2. Determination

A. G, the Defendant’s wife and his defense counsel’s wife and the representative director of F Co., Ltd. had supported F Co., Ltd. to KRW 40 million in the name of F Co., Ltd. at the time of the purchase of the instant apartment before about 20 years, and thereafter, the Defendant provided support for KRW 700,000 per month from around 197 to 2003. Thus, the Defendant was actually liable for the F Co., Ltd.’s debt amounting to KRW 80,000,000. In order to repay this, the right to collateral security was established in the instant apartment.