The defendant shall be innocent.

1. On June 201, the summary of the facts charged stated that the Defendant: (a) at the D cafeteria of the operation of the C, which was located in the Gyeonggi-si, Gyeonggi-si; (b) on June 201, the victim E, “the victim E is performing as an agent the implementation of the Daegu FF reconstruction Project; (c) the selection of the contractor was also underway; (d) the rebuilding management and disposal is in progress; (b) the expenses are required; (c) at least three months or six months, the rebuilding is completed; and (d) the Defendant may take money out of the Fund; and (e) he/she would have repaid money within six months, and (e) he/she would also pay interest.” (c) After the above C, he/she provided the victim E with a loan of KRW 100 million, 100 million.

However, in the course of rebuilding project, the defendant was unable to obtain any specific income, unlike the defendant's explanation, and the project was supported due to the failure of the project to select the time construction for the Daegu F reconstruction project. The financial institution was unable to obtain a loan, and the financial situation was not sufficient to identify the personal loan through the beneficiary, and even if borrowing the loan, it was thought that it was used as card payment, personal debt repayment, consumption of living expenses, etc., and there was no intention or ability to repay the money as agreed on behalf of the victim.

The Defendant, by deceiving the victim as above, borrowed KRW 100,000,000 from I with respect to the Victim G Apartment H in Seocho-gu Seoul Metropolitan Government, in the name of the victim, and caused the victim to obtain pecuniary benefits equivalent to the above maximum debt amount, by establishing the mortgage-mortgage of KRW 130,00,000 with respect to the said I as well as KRW 1,00,000 with respect to the said G Apartment H in the name of the victim.

Accordingly, the defendant had a third party acquire property benefits.

2. Determination

A. Fraud is established by deceiving others, leaving them into mistake, causing a dispositive act, thereby receiving property or obtaining pecuniary benefits.