A. Around April 25, 2011, at the Northern-gu Ccafeteria, the victim corporation filed an application for a loan to the Da, and subsequently the visiting member made a false statement that “h million won is to be repaid 2.5 million won each month between 60 months (five years) by means of equal repayment of principal and interest on the loan of KRW 8 million for operating funds.”

However, there is no intention or ability to repay even if the business operation fund is loaned.

The Defendant, by deceiving the victim as such, obtains a loan of KRW 8 million from the victim as a business operation fund immediately, and acquires it by fraud;

B. Around April 26, 2011, the victim E-loan Co., Ltd. borrowed 2 million won by deceiving that it will repay 127,000 won per month in the same manner as the above place and by deceiving 2 million won;

C. Around April 26, 2011, at the same place as above, borrowed 4 million won from the victim FF Bank to repay 190,110 won each month in the same manner as the FF Bank Co., Ltd., and fraudulently acquired the loan.

2. Determination

A. Whether fraud is established through the deception of the borrowed money should be determined at the time of borrowing. Thus, even if the defendant had the intent and ability to repay the borrowed money at the time of borrowing, if the defendant did not repay the borrowed money thereafter, this is merely a non-performance under civil law, and it cannot be said that a criminal fraud is established. Meanwhile, the existence of the criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by taking into account the objective circumstances such as the defendant's financial ability before and after the crime, environment, content of the crime, process of transaction, and relationship with

(See Supreme Court Decision 2007Do10770 Decided February 14, 2008, etc.). B.

Comprehensively taking account of the evidence duly admitted and examined by this Court, the Defendant began to operate a G cafeteria on July 2009, and the turnover of the restaurant reported to the tax office was approximately KRW 66 million for the first half of 2010.