The defendant shall be innocent.

1. On December 16, 2010, the summary of the facts charged stated that the Defendant would complete payment with the monthly interest of 3.5% if the Defendant lent KRW 50 million to the victim E office in Seo-gu, Seo-gu, Gwangju, and the victim.

However, at the time, the defendant did not have any intention or ability to repay money in a timely manner, even if he borrowed money from the victim due to the absence of any other property or income with a total amount of KRW 8.7 billion.

Nevertheless, the Defendant received false statements from the victim as above from the victim and acquired them through the Defendant’s bank account in the name of F, which was managed by the Defendant on the 17th of the same month, with the money borrowed in the name of F, 50 million won or less, and hereinafter “the instant loan”).

2. Determination and conclusion

A. In full view of the victim's legal statement and the statement in the register of real estate register (the investigation record 12-17 pages), the defendant set the second priority right under G name as the victim's name with respect to the loan of this case at the time when he borrowed the loan of this case from the victim, and the defendant set the second priority right under G HH apartment 102 Dong 104 (hereinafter "the apartment of this case"). The defendant is the victim with the actual transaction price of the above apartment amount of about 30 million won, and the first priority right (the creditor of the Saemaul Saemaul Bank: the maximum debt amount: 290 million won) is the actual debt amount of about 234 billion won, and the lease deposit for the above apartment is not available, and the above G is acknowledged to have purchased the apartment of this case at KRW 340 million on July 16, 2010, and the above loan of this case can not be considered to have been repaid to the victim at the time of the above execution of the loan of this case.