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The defendant shall be innocent.
Reasons
1. The Defendant is an insurance solicitor of C Co., Ltd.
On December 29, 2011, at the office located in Yongsan-gu Seoul Metropolitan Government, the Defendant applied for a loan of KRW 3 million on the condition that the sum of principal and interest shall be 1,50,000 won each month from January 25, 2012 to September 25, 2014 at the interest rate of KRW 39% per annum from January 25, 2012 to September 25, 2014.
However, the facts did not have the intention or ability to repay the loan to the defendant.
The Defendant received KRW 3 million from the victim’s bank account (E) in the name of the Defendant on the same day.
2. According to the records on the market, the interest rate shall be 39% per annum from the victim company on December 29, 201, and the principal and interest shall be 1.5 million won per annum from January 25, 2012 to September 25, 2014. The Defendant, at the time of financial institutions, was liable for a debt of approximately 60 million won per month and was in an economic situation to pay interest of about 6 million won per month.
The prosecutor focused on the above economic situation of the defendant and filed the prosecution of this case that the defendant had the criminal intent of defraudation at the time.
However, there are many cases where the applicant for a loan to a lending company such as the victim company is extremely difficult economic situation. The lending company judged the applicant's income, existing loan and credit rating after inquiring about the loan applicant's loan applicant's income, credit rating, etc. and then conducts the loan. Furthermore, even if the loan applicant has already been granted a loan from another financial institution, etc., the loan applicant shall compare the conditions of the existing loan with the new loan, adjust the repayment period through consultation with the existing lender, etc., and make the repayment order by determining the order of repayment. Thus, even if it was difficult for the defendant to be in the economic situation at the time of this case, the defendant shall be acquired through deception.