사기
The defendant shall be innocent.
1. On November 22, 2013, the Defendant was expected to obtain a loan of KRW 15 million in total, including other loan companies on the same day at a place where it is unknown on November 22, 2013, and was scheduled to use the loan in return for the credit card user fee and the credit card loan loan repayment, etc., but the loan did not receive a loan from other loan companies, and was granted a loan of KRW 68,211,00 as an additional credit loan under an agreement with the victim Korea Savings Bank Co., Ltd., Ltd., Ltd., by deceiving the loan counselor as if it was used in living expenses, and making a loan of KRW 177,934 to be repaid on March 21, 2014.
As a result, the Defendant was given a total of KRW 5.2 million to the victim even though he did not have the intention or ability to pay the loan by deceiving the lending counselor.
2. Determination
A. Generally, relevant legal doctrine 1) In general, a person who receives a loan with a small amount of money from a lending company shall pay a high interest rate, and a person who borrows a small amount of money from a lending company shall have the ability to repay, or have good credit standing, and the lending company shall be aware of the lending company in return for the loan, and there are many cases where the lending company provides the lending company with professional human resources and equipment and evaluates its financial resources and credit status. Thus, even if the lending company has bad credit standing, it shall be careful in determining the establishment of fraud through the loan acquisition when it receives a high credit loan from a lending company through a loan examination in accordance with the procedures set by the lending company. 2) If the debtor who applied for commencement of individual rehabilitation procedures becomes liable for fraud by emphasizing only the debtor’s uncertain debt repayment and taking the responsibility for fraud against the debtor.