사기
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
1. The summary of the facts charged by the Defendant, around December 9, 2010, at the women’s clothes sales store operated by the Defendant located in Gangdong-gu Seoul Metropolitan Government, the Defendant: (a) did not have any property due to bad credit standing at the time; (b) did not have any intent or ability to repay the debt amounting to KRW 36 million; and (c) notwithstanding the absence of intent or ability to repay the debt within the time limit, the Defendant deceivings the victim C by means of false words “on the loan of KRW 10 million, 50,000,000,000,000 won shall be paid to the victim until January 9, 201; and (d) was remitted from the victim, namely, from the Defendant’s new bank account at tin.
2. Determination
A. The criminal intent of defraudation, which is the standard for determining whether to recognize the crime of deception, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of performing the transaction before and after the crime unless the Defendant makes a confession (see, e.g., Supreme Court Decision 2013Do12003, May 16, 201). Furthermore, the issue of whether a crime of fraud is established shall be determined at the time of the act. As such, if the borrower has an intent and ability to repay money at the time of borrowing and lending transaction, even if the borrower fails to repay money thereafter, it is merely a breach of civil liability, and it does not constitute a criminal fraud.
Therefore, if the lender recognizes the credit standing of the borrower in the consumption lending and lending transaction, such as the relationship between the lender and the borrower, and the continuous transaction relationship, and thus it is anticipated or possible for the lender to anticipate the future risk of delay in repayment or impossibility of repayment, barring any other circumstances, such as the borrower's expression of falsity as to material facts that could have been determined as to the specific intent of repayment at the time of borrowing and lending, capacity to change, and conditions of borrowing and lending, etc., the borrower shall not repay it thereafter.