However, on April 2008, the Defendant applied for individual rehabilitation and received a decision to authorize the repayment plan on April 16, 2013, because the Defendant was unable to fulfill his/her loan obligations worth KRW 50 million.

(U) The repayment amount of KRW 700,000 per month upon receipt of the decision to authorize the repayment plan, and the repayment amount of the debt borrowed from the loan company to KRW 7 million was partially delayed, and the above repayment amount and the above loan principal and interest were to be paid at least KRW 2 million per month including the father's treatment expenses. On the other hand, the monthly income was not more than KRW 180,000 per month including various allowances, and even if the loan was made in another person's name and used it, there was no intention or ability to properly repay the principal and interest.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 1,20,000 from the victim with an authorized certificate through the Internet from the Solomon Savings Bank as an authorized certificate on the 20th of the same month from the victim, and received KRW 26,77 million in total five times from around that time to February 7, 2013, as shown in the list of crimes in the attached list of crimes.

2. Determination

A. Whether a crime of fraud is established shall be determined by whether there was an intentional intent to acquire money from the victim by means of a false statement as if the victim were to repay the borrowed money, even though there was no intent or ability to repay the borrowed money as at the time of borrowing. As such, the situation after borrowing is the situation.