The defendant shall be innocent.

1. Around October 31, 2011, the Defendant, at the construction site of a fishing village fraternity located in Chuncheon-si, a fishing village fraternity in Chuncheon-si, paid KRW 1.5 million per month interest to the victim D until March 31, 2012, and made a false statement to transfer a fishing vessel and a fishing right registered in the future without any condition if it is impossible to repay within the said period.

However, at the time, the Defendant was unpaid for seven to eight months of the rent for the building of the Health Center in operation, and the Defendant was faced with the operational accident of the Health Center to the extent that the monthly salary of the employees could not be paid for the three months. Moreover, from January 201 to September 201, the Defendant received a total of KRW 20 million from an insurance company from around September 201, and the Defendant did not trade the only property, vessel and forest land, but did not trade at all. Therefore, even if the Defendant borrowed the money from the victim, the Defendant did not have any intent or ability to pay the principal and interest.

The Defendant, by deceiving the victim as above, received 12 million won from the victim to the account under the name of the Defendant on the same day, and received the check equivalent to 18 million won.

2. According to the evidence duly adopted and examined by this court, the defendant borrowed KRW 30 million from the victim as stated in the above facts charged, and thereafter did not repay the principal and interest to the victim. However, the following circumstances acknowledged by the evidence as follows: the defendant actually owned the ship and fishery right provided as security at the time of committing the crime of this case, namely, the defendant owned KRW 4629 square meters in Chuncheon-si, the name of the defendant E, and owned KRW 35 million (the current market price of the above ship and fishery right is KRW 35 million, and the normal market price of the above forest is KRW 250 million from KRW 250,000 to KRW 30,000). The defendant attempted to sell the above forest around October 201 and around January 201, but the sale and purchase of real estate was conducted by the owner of the real estate.