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Acquittal of the accused shall be acquitted.
Reasons
1. The summary of the facts charged is the representative director of “Co., Ltd. D”, a company affiliated with “C Savings Bank,” and “C Savings Bank” intended to make a false loan and use the fund for capital increase. The Defendant, upon the parent’s instruction, decided to recruit a person to become the debtor for the aforementioned fraudulent loan.
Around March 2007, the Defendant made a false statement to the victim G at the “F office located in Gangnam-gu Seoul, Seoul, stating that “If the Defendant prepares a loan agreement with the C Savings Bank and establishes a 3 billion won old account, the Defendant will win a PF loan that is paid with money depending on the progress of the construction works undertaken on the new site. In addition, the Defendant would give 150 million won of the loan, thereby allowing the Defendant to pay 1.5 million won of the loan to pay the interest on the debt owed to the Hanjin Mutual Savings Bank.”
However, it is true that the defendant caused a loan of KRW 3 billion from the CSaving bank with the victim as the obligor according to the parent company's instruction, and then paid only 1.5 million won among them to the victim, and deposited the remainder to the passbook under the victim's name, and attempted to use the victim's capital increase, so there was no intention or ability to allow the victim to obtain the 3 billion won PF loan.
On March 14, 2007, the Defendant enticed the victim, and caused the victim to prepare a loan contract that bears the obligation of KRW 3 billion in the CSaving bank. After which, the Defendant then withdrawn approximately KRW 2.5 billion out of approximately KRW 2.7 billion deposited in the account in the name of the victim and used it for the increase of capital.
As a result, the defendant deceivings the victim and let CSaving Bank acquire approximately KRW 3 billion proprietary benefits.
2. According to the evidence duly adopted and examined by this court, the Defendant at Seoul High Court on September 23, 2009, “H, I, J, and I.