Main Issues
Whether a person has the intent or ability to repay money in the case of borrowing money by pretending that person has the intention or ability to repay, or not.
Summary of Judgment
In the civil monetary lending relationship, it is impossible to recognize the criminal intent of acquiring the borrowed money immediately with the default of the obligation, but in the case of borrowing the money by pretending to repay the money as if the defendant did not have the intention of full repayment or did not have the ability to repay within the due date as promised at the time of the loan, the criminal intent of acquiring it can
[Reference Provisions]
Article 347 of the Criminal Act
Escopics
Defendant
upper and high-ranking persons
Defendant
Defense Counsel
Attorney Hong Hong-soo
Judgment of the lower court
Daejeon District Court Decision 82No527 delivered on March 16, 1983
Text
The appeal is dismissed.
Reasons
Defendant’s defense counsel’s grounds of appeal
Examining each evidence cited by the court below in light of the records, it is clear that the court below rejected each part of the testimony of the court below, which conflict with the facts of the judgment, from among the testimony of the court below, the defendant's new scarcity, the same leukum, the same leukum, the same leukum, and the so-called leukum, and so on, the court below's finding the facts of the crime against the defendant's own interest. Thus, there is no violation of the rules of evidence due to incomplete deliberation or the reasons for violation of the rules of evidence, such as the theory
It is the theory of the lawsuit that it is impossible to recognize the criminal intent of acquiring the borrowed money immediately with the non-performance of the obligation in the civil monetary lending relationship. However, in the case of the borrowed money in which the defendant borrowed the money as if he did not have the intention of full repayment or did not have the ability to repay within the due date as promised in this case, it is sufficient to recognize the criminal intent of acquiring the borrowed money.
Ultimately, the appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Lee Sung-soo (Presiding Justice)