사기
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant, on January 24, 2013, at the Yeongdeungpo-gu Seoul Metropolitan Government Yang-dong 2, 2013, obtained a loan from the victim company at the Young-dong 29-23 Simpam Savings Bank, the Defendant, despite not having the intent and ability to repay the loan, the Defendant made a false statement to the victim company’s name-free employee stating, “if he/she grants a loan of KRW 3 million, he/she will repay the principal and interest of KRW 136,58,000 on every 26th day of the month in which he/she borrowed KRW 3 million to the victim company, and acquired it by transfer from the victim company.”
2. Determination
A. The existence of the crime of fraud, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial power, environment, content of the crime, process of transaction, and relationship with the victim before and after the crime (see, e.g., Supreme Court Decision 2004Do3515, Dec. 10, 2004). Whether such fraud is established or not shall be determined at the time of the act, and it shall not be punished for fraud on the ground that the Defendant is in a state of default due to changes, etc. in economic conditions after the act, etc. (see, e.g., Supreme Court Decision 2008Do5618, Sept. 25, 2008). Meanwhile, since the purpose of the individual rehabilitation system under the Debtor Rehabilitation and Bankruptcy Act is to coordinate the legal relations of the interested parties with respect to the debtor facing the collapse of bankruptcy due to financial difficulties, whether the debtor is entitled to exemption through the individual rehabilitation system is able to be excluded from the debtor’s liability for rehabilitation.
(See Supreme Court Decision 2007Do8549 Decided November 29, 2007 and Supreme Court Decision 2007Do10770 Decided February 14, 2008, etc.) B.
Based on the above legal principles, this case is based on the above legal principles.