On September 27, 2013, the Defendant stated that “3,000,000 won is to be repaid to an employee in default of the name in charge of the loan at the Bank of Solar Savings Co., Ltd. by telephone, and the Defendant received KRW 3,00,000,000 from an employee in default of name to a single bank account (E) under the pretext of loans, from the said employee in default of name.”

In fact, on September 2013, the Defendant had a considerable of KRW 20,000,00 of the loans through card loan theory, etc., and the rent for buildings has been in arrears equivalent to KRW 13,00,000,00, and there was no intention or ability to pay the loan normally even if the Defendant received the loan from the Lambling Savings Bank, Inc.

Accordingly, the defendant deceivings the victim, and 3,000,000 won was remitted from the victim for the purpose of the loan.

Judgment

A. Determination of fraud against a debtor who has been exempted through the personal bankruptcy exemption system requires more careful judgment in consideration of the fact that the liability for damages caused by the fraud is excluded from the eligibility for exemption and the debtor's will to seek economic rehabilitation may result in plucking or digging up.

(See Supreme Court Decision 2007Do8549 Decided November 29, 2007). In addition, despite the mutual sharing of credit information or the facilitation of the credit or repayment ability of the lending obligor by means of a self-credit investigation, a lending company enters into a high-rate interest agreement at a price to assume risk not being repaid, and accordingly, actively executes a loan to obtain high-rate interest income and loan performance. Thus, a lending company receives a loan in accordance with the procedure set by the lending obligor.