However, even if the defendant receives a loan, he did not have the intention or ability to pay interest.

The Defendant received from the victim company KRW 5,00,000 from the victim company to the national bank account (D), KRW 4,923,585 in the same way as around July 17, 2015, and KRW 2,86,671 in the same way as around August 21, 2015, and acquired it by deceptive means.

2. Determination

A. The nature of fraud through the 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, he could not thereafter repay the borrowed money.

Even if this is merely a simple non-performance of civil liability, it can not be said that criminal fraud is established.

In addition, in general, a person who obtains a loan from a lending company with a credit extended money is mainly lacking in the ability to repay or is in a bad credit condition, and the lending company is aware of this, and the lending company provides a loan with a risk of not being repaid in order to obtain interest income. Since it is common to evaluate the lending company's own ability and credit status with professional human resources and equipment, even if a person with bad credit standing is a person with bad credit standing, it is necessary to apply more strict standards than a monetary transaction between individuals in determining whether fraud is established through the lending company through a loan examination in accordance with the procedure determined by the lending company.

B. In light of the above legal principles, the evidence submitted by the prosecutor is alone, taking into account the following circumstances acknowledged by the evidence of this case.