However, the Defendant, at the time, had a total amount of KRW 7,40,000,00,000 for existing cards, such as Samsung Card, and loans of KRW 25,777,00,00 for agricultural banks, etc., and accordingly, had to pay KRW 4,00,000 for each month exceeding the monthly wage of KRW 1,40,000,000,000 for each month. However, the Defendant, without any particular alternative for the repayment of the above loans, had the intention to receive the above loans from other places, but there was no intention or ability to receive the loans from the beginning, even if having received the loans from the victim, there was no intention or ability to receive the loans from the beginning.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 6 million from the victim as the borrowed money on the same day.

2. The Defendant asserts that there was no criminal intent to obtain fraud at the time of the instant case, and denies the instant facts charged by asserting that fraud is not constituted.

According to the records of this case, while the defendant extended a loan of 4 million won from the victim Edcop Co., Ltd. (hereinafter “victim company for convenience”) on August 25, 2015 and repaid the principal and interest, the defendant then borrowed a total of 6 million won from the victim on February 18, 2016 at the interest rate of 34.9% per annum, the maturity date of payment of 34.9% per annum, August 25, 2020, and borrowed a total of 6 million won on August 25, 2020; the defendant filed an application for individual rehabilitation with the Suwon District Court on March 18, 2016, the defendant's financial standing at the time of this case is not good, and thus, it is recognized that most of the loans are used to repay the existing debt.

However, the records of this case are examined.