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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in this case is as follows: on March 5, 2004, the Defendant: (a) Gangdong-gu Seoul Metropolitan Government Da Sarina; (b) "Sarina" et al.
B acquired 580 million won by auction, and borrowed 430 million won from old LAC and 70 million won from D respectively.
However, on August 4, 2005, D told the victim E of October 5, 2005 that "if 100 million won is lent, 2.5% interest per month shall be paid, and he/she shall be repaid six months after disposing of fash," to withdraw the above auction.
However, the Defendant acquired a private letter or a letter of credit by auction, and thereafter, did not in fact waive the loan of the old Credit Cooperatives, and the principal and interest of the loan amount amounted to KRW 590 million, and received KRW 100 million from the victim regardless of the fact that he did not have the intent or ability to repay the loan amount to the victim even if he did not dispose of the above letter of credit or interest amount, the Defendant received KRW 5 million from the victim as the loan amount.
2. Determination:
A. The following facts are acknowledged according to the evidence duly adopted and examined by this court.
(1) On April 26, 2002, the Defendant paid a deposit of KRW 40 million to the instant friendship, set the right to collateral security of KRW 40 million with the maximum debt amount, and leased and operated the said right.
(2) However, on December 13, 2002, National Bank Co., Ltd. (the maximum amount of KRW 1.248 million) received voluntary decision to commence the auction (Seoul Eastern District Court F) against the instant letter of apology on December 13, 2002.
Accordingly, the Defendant was able to recover the deposit money by receiving a direct bid of the instant letter from the Defendant, which is likely to be detached, and selling it again after normalizing it, and was awarded a bid in the amount of KRW 560 million on the fourth auction date, where the appraisal of March 5, 2004 was equivalent to KRW 1.3 billion.
(3) In addition, the Defendant on March 5, 2004.