사기
The defendant is innocent.
1. On April 25, 2012, the Defendant stated that “The employees in charge of loaning KRW 3 million shall be paid in installments for 152 months each month for loaning KRW 3 million to the employees in charge of the victim’s loan at the victim’s mountain and Gyeyang-gu Branch Co., Ltd. located in the eightth floor of Ansan-gu C building in Ansan-si, Ansan-si.”
However, even if the defendant received a loan from the victim, the defendant did not have an intention or ability to repay as promised.
As such, the Defendant, by deceiving the above employees, was loaned three million won to the victim’s possession by the said employees.
2. The following facts and circumstances examined in this case are as follows: ① The defendant seems to have been in an unsatisfy situation to obtain loans from several financial institutions at the time of receiving the loans in this case; however, the victim company appears to have been under the influence of the defendant after sufficiently investigating the defendant's credit standing with the defendant's consent as a financial institution specialized in the loans; ② the defendant was working in the company called D at the time of receiving the loans, and there was a certain amount of income, and immediately after the above company was established, there was a monthly income of KRW 1.2 million, working in the company called "B", and ③ The loan in this case was under the conditions of installment payment in 1.50,000 won a month, and thus, it is not impossible to repay the above income when considering the defendant's above income, ④ The defendant was at issue with the loans in this case with the defendant's wife's property as collateral and paid the loans in this case, and there is no evidence to acknowledge the causation between the defendant's deception and the victim's disposal act and the charges in this case.