The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

1. Summary of the facts charged

A. Fraud against C [2012 Highest 451] The Defendant is a person who leases part of the first floor of the D Building in Seocheon-gu D, Seocheon-gu, Seoul.

On the other hand, the Defendant borrowed KRW 20 million from the victim C on July 16, 2008 as of August 16, 2008, and borrowed KRW 18 million on November 13, 2008 as of December 13, 2008, and borrowed KRW 13 million as of December 13, 2008, and borrowed KRW 51 million as of February 13, 2009 as of February 13, 2009.

On May 28, 2009, the Defendant: (a) demanded the victim to pay the above borrowed money; and (b) concluded a sublease contract with the victim to the effect that “The part of the center and the part of the shop among the first floor of the above building leased by the Defendant to the victim is leased from June 1, 2009 to May 14, 2014; and (c) the victim paid the Defendant as a loan, in lieu of the deposit that the victim should pay to the Defendant pursuant to the said sub-lease contract.”

However, the Defendant, at the time, was at the risk of cancelling a lease agreement due to the Defendant’s failure to pay the rent to E properly, etc., and even if concluding the sublease contract as above, the Defendant did not have the intent or ability to lease the said part for the said period.

Nevertheless, the Defendant entered into a sublease contract with the victim by deceiving the victim as above and received a grace period for the repayment of the above 51 million won from the victim under the pretext of the payment of deposit.

In this respect, the defendant had taken advantage of property by deceiving others.

B. Fraud against F [2012 Highest 467] Around March 25, 2008, the Defendant leased the first floor shopping mall of the D building D in Seocheon-gu, Seocheon-gu, Seoul, from building owner E. A victim F around December 25, 2008, in the name of G, the husband, the husband, around December 25, 2008.