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The defendant shall be innocent.
Reasons
1. The Defendant charged with the instant charges to E representative director of the Victim D Co., Ltd. (hereinafter “victim D Co., Ltd.”) at the C office located in the Dasan-si around September 2012, the Defendant lent the apartment house to E as collateral from the bank or branch to use money from the bank or branch on the high seas, where the C Co., Ltd. (hereinafter “victim Co., Ltd.”) is currently sold in order to supply the apartment house as collateral, and is entitled to sell the apartment house in lots.
The phrase “ makes a false statement.”
However, even if the defendant was provided with C apartment as collateral from E, he did not have the intention or ability to purchase the apartment.
As above, the Defendant: (a) obtained the documents related to the establishment of the right to collateral security against the C Apartment F, the market price of which is approximately KRW 140 million from E, which is the victim company; and (b) obtained on September 13, 2012 from E, the Defendant: (c) obtained the documents related to the establishment of the right to collateral security against the said apartment; (d) borrowed KRW 50 million from H; and (e) borrowed KRW 70 million from H; and (e) on January 9, 2013, the Defendant established the right to collateral security with the maximum claim amount of KRW 50 million from J to borrow KRW 130 million from the third party.
2. Determination
A. The Defendant, from the investigative agency to the court of law, was in the relation with the money to be received from K, the actual owner of the victim company, and was consented by K to offer apartment units unsold in lots as security through E, and the act in this case was committed, and there is no fact of deceiving the victim company as stated in the facts charged.
B. We examine the evidence submitted by the prosecutor, which can directly prove the facts charged of this case, is the statement at E and K investigative agencies and the court. The above evidence can be seen as a whole of the evidence duly adopted and examined in this court.