사기
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On September 26, 2011, the Defendant made a false statement to the effect that “A victim D Co., Ltd. (hereinafter “victim”) with the 12th floor of Seoul Gangnam-gu Seoul Building Co., Ltd. (hereinafter “damage Co., Ltd.”) phoneed to the effect that “A prime credit loan will be repaid in installments and KRW 90,000 per annum on a monthly basis for 40 months during the 40-month period.”
However, even if the defendant was given a loan, he did not have the intention or ability to repay it from the beginning.
The Defendant, as such, by deceiving the damaged company, was given KRW 2 million under the pretext of loans by the victimized company.
(hereinafter “instant loan”). 2. Determination of the establishment of fraud by defraudation of the loan money should be made at the time of borrowing. Thus, even if the Defendant was able and willing to repay the loan money at the time of borrowing, if the Defendant did not repay the loan money thereafter, it is merely merely a non-performance under civil law, and it cannot be said that criminal fraud is established. The existence of the criminal intent of defraudation, which is a subjective constituent element of fraud, should be determined by taking into account objective circumstances such as the Defendant’s financial power before and after the crime, environment, content of the crime, process of transaction, and relationship with the victim, unless the Defendant makes a confession.
According to the evidence duly adopted and examined in this court, the Defendant was liable for a debt amounting to KRW 3,00,00 for credit card companies, etc. at the time of the instant loan, and was granted a loan of KRW 3,350,000,000,000 from the loan companies in total nine places including the damaged company, etc. on September 25, 201 in order to repay the debt. The Defendant was granted a loan of KRW 2,50,000 to KRW 3,50,000,000,000 from around January 2012. The Defendant was not granted the instant loan and about four months after the Defendant was granted the instant loan, and it can be recognized that the Defendant was subject to the decision by applying for the commencement of
However, the following circumstances recognized by the above evidence, i.e., the defendant.