If 20 million won is lent in order to require it, 200,000 won per month was false as interest.

However, even if we borrow money, there was no intention or ability to repay it.

Accordingly, the defendant deceivings the victim, and receives 10 million won from the victim under his/her name as the borrowed money from the victim, and receives the same year.

8. 17. Receipt of remittance of 10 million won in total by the same method and delivery of 20 million won.

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, in a consumer lending and lending transaction, where the lender was aware of the credit standing of the lender and the borrower, and the risk of delay in the future or impossibility of repayment is anticipated or may be anticipated due to the continuous transaction relationship, etc., the lender had the intent of deceiving the lender on the ability to repay the loan with the mere fact that the borrower failed to repay the loan properly, unless there are other circumstances, such as the borrower made a false statement of the material fact about the specific intent to repay the loan at the time of the loan, capacity to change the loan, and the following terms and conditions, etc.

Nor can be determined (see Supreme Court Decision 2012Do14516, Apr. 28, 2016)

B. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the court, the Defendant shall pay back the money only with the evidence submitted by the prosecutor.