It is difficult to readily conclude that there was an intent to commit fraud at the time of borrowing money.

Where a pastor borrows money to build a church building and borrow money to repay the principal and interest of his/her debt, and in fact, borrows money to construct a church building and repay the debt, the reason that he/she was unable to pay the principal and interest, unless it is clear that he/she did not intend to repay it, cannot be readily concluded that he/she had the intent of fraud at the time of borrowing money.

Article 347 of the Criminal Act

Defendant

Attorney Park Jae-soo (Jon)

Seoul Criminal Court Decision 81No633 delivered on March 18, 1981

The judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court.

The defendant's defense counsel's grounds of appeal are examined.

According to the judgment of the court below of first instance, if the defendant was unable to repay the above 1971.12.5, 506-6 of the Seoul Special Metropolitan City's 1974-4, he purchased the land for the construction of the church around November of the same year, and newly constructed the church office around 1975 with interest at the rate of 7 percent per annum for the construction of the church. The court below's decision that it was difficult to recognize that the defendant had a high interest rate of 10 percent per annum or 60 percent per annum for the purpose of paying interest or principal and interest on the 197-1,000-year 7,000-year 7,000-year 7,0000-year 7,000-year 1,000-year 7,000-year 1,000-year 1,000-year 7,000-year 1,000 won.

Therefore, the judgment of the court below is reversed and remanded to the Panel Division of the Seoul Criminal Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Il-young (Presiding Justice)