However, the defendant had no intention or ability to repay the principal and interest even if he/she received a loan from the victim because there is no particular property, even though he/she did not have any intention or ability to pay the principal and interest.

In the end, the Defendant received 4 million won from the victim to the account in the name of the Defendant on the same day and acquired the property by fraud.

2. According to the evidence submitted by the prosecutor, the following facts are examined: (a) at the time of the instant loan; (b) the Defendant was already liable for a considerable amount of debt; (c) the Defendant was granted a loan from the Korea Savings Bank on February 18, 2012, which is the date of the instant loan; (d) the future mutual savings bank, Gambling Savings Bank, Inc., Ltd.; and (e) the Defendant notified his spouse’s income on the side of the Korea Savings Bank at the time of the instant loan application; and (e) the Defendant did not separately notify his spouse’s income to the Korea Savings Bank at the time of the instant loan application; and (e) the Defendant was filing an application for a personal rehabilitation with the Government District Court on June 7, 2012, after paying three minutes of the instant loan repayment; (e) however, on the sole basis, the Defendant had been willing to have already applied for a personal

In the event of the instant loan, it cannot be readily concluded that the Defendant did not have the intent or ability to repay the instant loan obligations.

Rather, the following facts can be verified by the trial and the record of the instant loan application, namely, ① the amount that the Defendant borrowed from each savings bank, including the Korea Savings Bank, on the date of the instant loan application.