The defendant is innocent.

1. The summary of the facts charged is the representative director of D Co., Ltd.

When the Defendant borrowed a short-term fund to the victim E who had worked as the adviser of the above company at the time, the Defendant committed an act as if he could have repaid the money, and received money as a financing from the victim and received it as a financing.

around June 2008, the Defendant, at the D office located in Seocho-gu Seoul Metropolitan Government F, set up KRW 1,94,335,229 on the victim’s 13 G commercial buildings owned by D, “The 47,500,000 won for the first priority collateral mortgage of the Switzerland Savings Bank, and the second priority collateral mortgage of H Co., Ltd.

If a bank loan is made with money to repay interest on a loan by securing the trust of the party, it is directly entitled to the amount of KRW 1 billion by seeking cooperation from H and cancelling collateral security and establishing a new collateral security by establishing a new collateral security.

Since the loan money can be repaid within two months, it will cancel the right to collateral security set up and pay 50 million won to the bank now.

On July 208, 2008, “A new officetel was newly built in H to complete the responsibility,” and “Around July 2008, 250 million won may be repaid like the previous 50 million won, so the loan may be additionally granted.”

However, as at the time of the second priority mortgage holder, H was the pilot of G commercial buildings and the construction cost to be received by the Defendant is at least seven billion won, and there was no reason to cancel the second priority mortgage. The Defendant did not have obtained prior consent from H to the cancellation of the above right to collateral security, and even if an officetel borrowed additional money from the damaged party as the completion of construction is not certain, there was no intention or ability to make a change in the period of time.

Nevertheless, on June 3, 2008, the Defendant, by deceiving the victim and deceiving the victim, set up a right to collateral security on the apartment house No. 1403 of the 14th floor moving to the G apartment house No. 1403, Seongdong-gu, Seongbuk-gu, the victim owned on June 3, 2008 at the Hyundai Swiss Savings Bank.