However, in fact, the defendant did not receive interest while lending money to another person, and the property did not have any particular property other than the monthly deposit of 30 million won. The defendant's monthly income of 30 million won is the principal and interest on the money borrowed from another person, such as the victim, and the defendant's monthly income of 150 million won is the principal and interest on the money borrowed from another person, and even if he borrowed money from the injured person, there was no ability to pay it even if he did not intend to do so.

Nevertheless, the defendant deceivings the victim as above and was delivered KRW 10 million as the borrowed money from the victim on the same day.

In addition, from that time until March 22, 2016, the Defendant received or remitted a total of KRW 65 million through eight times, such as the list of crimes in the attached Table.

2. Determination

A. Determination at the time of the establishment of a crime of fraud is based on the point of time of the act. Therefore, if the borrower has the intent and ability to repay the money at the time of lending the money in consumption lending transaction, even if the borrower fails to repay the money thereafter, this is merely a non-performance of civil liability, and it is not a criminal

Therefore, if the lender is aware of the credit standing of the borrower in the consumption lending transaction, such as the relationship between the lender and the borrower, and the continuous transaction relationship, and thus it is anticipated or could be anticipated that future repayment delay or repayment impossibility will occur, the borrower will be specific at the time of the loan.