사기
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant applied for a loan from a stock company located in Pyeongtaek-si B by telephone to D Bank Co., Ltd. on August 1, 2016, and there was no fact that the Defendant is making a loan or received a loan from other financial rights at the same time.
The loan of KRW 30 million will be repaid for 60 months in 921,561 per month.
The phrase “ makes a false statement.”
However, in addition to D Bank Co., Ltd. on the same day, the Defendant was planning to obtain a loan from E Bank Co., Ltd., FF, and G at the same time. Around February 2016, H Savings Bank had already received a loan amounting to KRW 43 million from a lending company, such as H Savings Bank, and paid interest equivalent to KRW 2 million monthly, but even if the lending company temporarily borrowed a loan from the lending broker to the existing lending company, it did not have any intent or ability to repay the loan even if the lending company borrowed the loan from the damaged party as if the lending had not been made.
Nevertheless, the defendant deceivings the victim as above and received 30 million won as loans from the victim on the same day.
2. Determination
A. Fraud is established by deceiving another person to receive property or acquiring profits from property by taking advantage of the defective intent caused by the deception. The deception as a requirement for fraud refers to active and passive acts that have to have mutual faith and good faith in property transaction. Whether a certain act constitutes deception that causes a mistake to another person, or not shall be determined objectively in light of general and objective circumstances at the time of the act such as transaction, other party’s knowledge, experience, occupation, etc. (see Supreme Court Decision 91Do2746, Mar. 10, 1992, etc.). In particular, in trading of a commercial enterprise, the seller is somewhat exaggerated about the value of property or profitability of the company.