The defendant shall be innocent.

On May 1, 2013, the Defendant exchanged F. 2807 building No. 2807 owned by the victim E with the Defendant’s wife and exchanged the above apartment building No. 2201 owned by the Defendant, and again drafted a real estate exchange contract with the above apartment No. 2201 and H to exchange the above apartment No. 2201 and the above apartment No. 3 of Incheon Spojin-gun, Incheon, Cheongjin-gun, and Ha.

However, in fact, the defendant did not want to exchange the above apartment owned by the victim and the above apartment owned by the defendant's wife, and the above apartment owned by the victim was thought to borrow money with the above apartment owned by the victim as security.

On November 6, 2013, the Defendant: (a) by deceiving the victim; (b) received documents necessary for the registration of the transfer of the above apartment owned by the victim on the same day from the victim; and (c) borrowed KRW 25,000,000 from L to acquire the pecuniary benefits equivalent to the amount of the said amount by borrowing KRW 25,00,000.

Judgment

1. The following facts are acknowledged according to the evidence duly adopted and examined by the court.

The Defendant purchased the above apartment house 2807 in M in the name of M in around 2012 and agreed to complete the registration of the transfer of ownership, and M accordingly purchased the above apartment house 2807 from the Korea Land Trust Co., Ltd., a land owner on November 23, 2012 and completed the registration of the transfer of ownership on December 20, 2012.

On May 1, 2013, the Defendant and the victim agreed to exchange the above apartment 2807 and the above apartment 2201 owned by the Defendant, and the victim and H decided to exchange the above apartment 2201 and H’s wife on the same day.

On November 6, 2013, the Defendant borrowed KRW 25,00,000 from L as security the above apartment units from L around November 6, 2013, and on the same day, the provisional registration of the collateral was completed in L as to the above apartment units 2807.

H under the above exchange contract with N around November 7, 2013.