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1. The defendant is not guilty. 2. The defendant shall notify the defendant of the summary of the judgment.
Reasons
1. Summary of the facts charged
On October 2008, the Defendant stated that “On completion of the completion of the construction work for the construction of a factory, which is in progress on the 10,000 square meters of the Dokdong-gun, Gyeongyang-si, Gyeongyang-si, Gyeongdong-si, the Defendant would pay the amount equivalent to KRW 78,470,00 for the construction cost by borrowing the above factory building as security after completing the construction work.”
However, the owner of the above forest land is E, and the defendant was only entitled to land use by E, and it was impossible to lend the above forest land as collateral because the right to collateral was established with the maximum debt amount of 134,00,000,000 won in the above forest land. Even if the above forest land was completed, it was unclear whether the additional loan secured by the forest land and the factory may be granted due to the difference between the owner of the forest land and the factory, so it was impossible to determine whether the additional loan secured by the forest and the factory may be granted even if the above forest are newly constructed.
As above, the Defendant did not have the victim engage in the factory finishing construction from the above date to the Haman on November 201, and did not pay an amount equivalent to KRW 78,470,000 for the construction cost, thereby acquiring property benefits equivalent to the said amount.
B. On August 22, 2013, the Defendant: (a) drafted a written complaint with F, who is his/her dependent, as the complainant; and (b) submitted it to the Daegu East-dong Police Station on August 22, 2013; (c) on the condition that the ownership of “Seoul-gun G land” (hereinafter “G”) owned by the Defendant under the name of F is transferred to C; (d) the Defendant promised to pay the full amount of KRW 190,00,000,000,000 to the loan (loan F) borrowed from the Daegu-gun Credit Cooperative as a joint collateral on the condition that the ownership of “Seoul-gun G, H, and I land” is transferred to C.
However, C pays approximately 40 million won out of the above loans and pays the remainder.