The defendant shall be innocent.

1. The Defendant in the facts charged in the instant case is between C and C, and D are co-born with C.

On August 2012, the Defendant received from D a request from D to grant a loan of KRW 30 million,00,000,000 to KRW 539 square meters (hereinafter “instant land”). At the time, the Defendant was allowed to borrow additional money from D to KRW 10,000 and make it available for personal use. The Defendant used an opportunity to borrow additional money and used to collect the remainder of money, excluding the above KRW 40,000,000,000.

On August 16, 2012, the Defendant provided the instant land as collateral and received delegations and certificates of personal seal impression from D, which are documents necessary for the procedures for establishing collateral for loans from D, while hiding the plan for additional loans, from D who believed to obtain a loan of KRW 40 million. On August 16, 2012, the Defendant obtained a loan from F, which was personally known, and made a transfer registration of ownership of the instant land owned by D using the said documents for the purpose of collateral security.

Accordingly, the Defendant, by deceiving D as above, caused D to provide its own real property as collateral, thereby obtaining KRW 69,500,000 from F to one bank account (Account Number: G) and the Nonghyup Bank account (Account Number: H) and received KRW 500,000 in cash, and obtained the remainder of KRW 30,000,000,000 excluding KRW 40,000,000,000 out of the total amount of KRW 70,000,000 from the above loan.

2. The gist of the Defendant’s assertion is as follows: (a) upon receipt of a request from F to lend KRW 30 million to offer the instant land as security; and (b) the Defendant was permitted to lend additional money to the Defendant for personal use; and (c) as such, the amount so permitted was not “10 million won” but “30 million won”, the Defendant borrowed a total of KRW 60 million from F as security the instant land.