The defendant shall be innocent.

1. On August 17, 2007, the Defendant: (a) borrowed KRW 650,000,000 from the Victim C to the land of Seo-gu Incheon, Seo-gu, Incheon, (hereinafter “instant land”); and (b) established a mortgage with the maximum amount of claims KRW 715,00,000, and the victim of the instant land as a mortgagee; (c) led the Defendant to obtain cancellation of the registration of the establishment of a mortgage by deceiving the victim for the purpose of using the instant land as a new security.

On July 7, 2011, the Defendant made a false statement to the effect that “The Defendant would newly set up a collateral in the first order on the site to be transferred by F, upon cancelling the right to collateral security of the instant land, to the victim in the F Office located in Seo-gu Incheon, Seo-gu, Incheon, and would pay money to the victim according to the second order of compensation (which was expected to be paid by accepting the Defendant’s property in Seo-gu, Incheon).”

However, the defendant was unable to operate F due to various debts and tax delinquency at the time, so it was thought that the victim had no intent to set priority priority to the F-transfer site, and even if he was paid the second compensation, he was used to solve other urgent debts.

Around July 8, 2011, the Defendant, by deceiving the victim as such, had the victim cancel the registration of establishment of the right to collateral security established on the instant land in the name of the victim, thereby acquiring pecuniary benefits, the amount of which is unknown.

2. Determination

A. The intent of defraudation, which is a subjective constituent element of fraud, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details and details of the crime, and the process of transaction before and after the crime, insofar as the Defendant does not make a confession. The recognition of guilt ought to be based on evidence with probative value that leads to the conviction that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, there is no such evidence.