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Defendants are not guilty.
Reasons
1. A summary of the facts charged is a person who is a loan hub, and Defendant B is a person who was sentenced on August 27, 2008 to three years of imprisonment with prison labor and three years of suspended execution at the Suwon District Court for fraud, which became final and conclusive around that time.
On June 2007, when the Defendants came to know that the victim E was 10,265 square meters of F forest land in e.g., the ownership of the instant forest (hereinafter “the instant forest”) as security, the Defendants conspired to acquire money under the pretext of lending fees, etc. by deceiving the victim so that he would obtain a loan of KRW 3 billion.
According to the above public offering, Defendant A, at the office of Defendant A located in Yeongdeungpo-gu Seoul Metropolitan Government, around June 26, 2007, indicated that “the amount of the forest of this case to be loaned KRW 3 billion to the appraiser as security” to the victim at the office of Defendant A located in Yeongdeungpo-gu Seoul Metropolitan Government, and that Defendant A would have been able to obtain a loan of KRW 3 billion at the victim’s desired level. Defendant B also knew the victim of the loan of KRW 3 billion at the international coffee shop located in Suwon-gu, Suwon-gu, Suwon-gu, Seoul Metropolitan Government, and was able to obtain a loan of KRW 3 billion at the victim’s expense. Defendant B also was able to obtain a loan of KRW 3 billion at the international coffee shop.
“The purpose is,” and the above attitude was taken.
However, around June 26, 2007, it was unclear whether the forest of this case can be loaned more than KRW 3 billion as security, and around July 5, 2007, the judgment of the appraisal value of the forest of this case was determined as KRW 4,207,010,00, and the amount of the loan available as security for the forest of this case was merely equivalent to KRW 2.4 billion, and the Defendants came to know that the loanable amount around July 6, 2007 is equivalent to KRW 2.4 billion.
In the event that it is impossible for the Defendants to borrow a loan amount of three billion won or more to secure the forest land of this case, it is difficult for the Defendants to borrow a loan amount of three billion won or more as security even if they receive the loan fee from the victims.