The defendant shall dismiss the application filed by the applicant for compensation.

1. On February 2, 2012, the Defendant made a false statement in the facts charged that “E” located in Gumi-si, Gumi-si, stating that “A person who received a loan before having sold Gumi-si F, etc., is in need of money to establish a collateral security in san. It is necessary that the Defendant will complete payment after one month if he/she lent 30 million won.”

However, at the time, the Defendant had been liable for approximately KRW 263 million, and the real estate owned by the Defendant was also unable to be commercialized because the right to collateral security was established due to the said obligation, and was not repaid with bank liabilities equivalent to KRW 40 million, and was already bad credit, so there was no intention or ability to repay the said amount even if the Defendant borrowed money from the victim from the beginning.

On March 16, 2012, the Defendant, by deceiving the victim, received 30 million won from the victim in front of the Do community credit cooperatives in the amount of 2 Do-si around March 16, 2012 as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. In light of the following circumstances acknowledged by the records, it is difficult to deem that the Defendant had no intent or ability to repay the borrowed money at the time of borrowing.

① The Defendant borrowed KRW 30 million from C to cancel the right to collateral security established on the said land, on the grounds that it is necessary to cancel the right to collateral security established on the said land in selling the Gu-Si F, Gu-si, etc. In fact, the Defendant used the said KRW 30 million to cancel the right to collateral security of KRW 50 million with the maximum debt amount in G name established on the Gu-siF, etc

(수사기록 17쪽, 101쪽, 114쪽∽115쪽, 121쪽). ② 피고인은 위 토지를 매각하여 그 매각대금으로 C에게 차용금을 변제하겠다고 말하였는데(수사기록 7쪽), 실제로 피고인은 2012. 1.경 주식회사 유명씨에스홀딩스 등과 구미시 F 등에 관하여 매매계약을 체결한 바 있다

However, the land which is the subject of the contract of sale and purchase.