사기
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On January 28, 2014, the summary of the facts charged is as follows: (a) the Defendant: (b) on the roads in the 3-dong, Daegu Northern-gu, Daegu-gu, Daegu-do; (c) the existing debts amount to KRW 200 million; and (d) even if the Defendant borrowed money from the victim C due to the aggravation of management status, such as the aggravation of tax in arrears, etc.; (b) the Defendant did not have any intent or ability to repay the debts; (c) however, the Defendant would have to repay the debts to the victim when he lends KRW 15 million to the Plaintiff for lack of business funds.
“A false statement,” which received KRW 15 million from the injured party for the purpose of borrowing money from him/her, and acquired it by money.
2. Determination
A. The establishment of a crime of fraud by defraudation of the borrowed money should be determined at the time of borrowing. Therefore, if the defendant had the intent and ability to repay at the time of borrowing, it cannot be repaid after the change in economic circumstances.
Even if this is merely a mere non-performance of civil liability, it cannot be said that criminal fraud is established (see Supreme Court Decision 97Do249 delivered on April 11, 1997). Meanwhile, unless the defendant does not make a confession, the criminal intent of defraudation, which is a subjective constituent element of criminal fraud, shall be determined by taking into account the objective circumstances such as the defendant's financial history before and after the crime, environment, details of the crime, transaction process, transaction execution process, relationship with the victim, etc. (see Supreme Court Decision 97Do2630 delivered on January 20, 198, etc.). (b) In light of the following factual relations and circumstances acknowledged by the record, the evidence submitted by the prosecutor alone proves that the fact that the defendant had no intent or ability to repay money from C at the time of borrowing money from C, or that the defendant had a criminal intent to acquire it, without a reasonable doubt.
It is difficult to see, and there is no other evidence to acknowledge it.
① From October 1, 1997, the Defendant operated “E” as a manufacturer of automobile parts in Daegu North-gu, Daegu-gu, Da, and closed the business on January 10, 2015.
(2) C has learned with the defendant for at least 20 years.