The defendant shall be innocent.

1. The summary of the facts charged was on October 31, 2013, at the Defendant’s office located in Ulsan-gu, Ulsan-gu, the Defendant sold the victim D land in KRW 1.7 billion.

However, on August 2, 2012, the Defendant borrowed KRW 220 million from I, and created a mortgage under the name of I with the same amount as the above land as the maximum amount of the claim. On September 19, 2012, the registration of the establishment of the mortgage was arbitrarily cancelled without I’s permission. On November 19, 2012, the Defendant decided to repay the borrowed amount to I, who became aware of it by November 30, 2013, but failed to pay the borrowed amount of KRW 70 million out of the borrowed amount by January 30, 2013, and thus, the said mortgage was recovered at any time and the auction was carried out voluntarily, but did not notify the victim of such fact.

Around December 6, 2013, the Defendant: (a) by deceiving the victim as above; (b) had the victim pay the amount of KRW 191,914,950,00 that the Defendant borrowed from the Saemaul Treasury on behalf of the Defendant; (c) had the Defendant repay the amount of KRW 200,000,000 out of the Defendant’s monetary debt of KRW 600,000 to J, the creditor of the Defendant; and (d) had the victim take over the remainder of the monetary debt of KRW 400,000,000,000,000,000 won. Accordingly, on March 11, 2016, the victim actually repaid the amount of KRW 3

Accordingly, the Defendant, by deceiving the victim, had the victim pay by subrogation the amount equivalent to KRW 391,914,950 of the Defendant’s obligation, and had theJ hold monetary claims equivalent to KRW 400 million, thereby acquiring financial benefits equivalent to KRW 791,914,950.

2. The Defendant and the defense counsel did not deceiving the victim by deception, and even if the Defendant notified the cancellation of the above collateral mortgage, it is clear that the victim acquired each of the instant land, and thus, the act of deception and the disposal of the victim.