The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of the facts charged

A. On February 27, 2012, the Defendant was granted a loan of KRW 2 million on the condition that 120,000 won per month paid 120,000 won by phone to the victim c apartment 102 203 Dong-gu, Seocho-gu, Changwon-si (hereinafter “respon company”).

However, the defendant did not have the intention or ability to repay the loan.

As such, the Defendant, by deceiving the victim and receiving two million won, acquired it by fraud.

B. On April 27, 2012, the Defendant decided to repay loans by extending the above contract by October 5, 2014, while receiving an additional loan of two million won by phone call from the above victim at the same place as the above paragraph (a).

However, the defendant did not have the intention or ability to repay the loan.

As such, the Defendant, by deceiving the victim and receiving two million won, acquired it by fraud.

Accordingly, the defendant deceivings the victim as above and obtained 4 million won through two times, and acquired it by fraud.

2. Determination

A. The existence of the crime of fraud, which is a subjective constituent element of the crime, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial power, environment, content of the crime, process of transaction, and relationship with the victim before and after the crime (see, e.g., Supreme Court Decision 2004Do3515, Dec. 10, 2004). Whether such crime of fraud is established shall be determined at the time of the act, and it shall not be punished for fraud on the ground that the Defendant is in a state of default due to changes, etc. in economic conditions after the act, etc. (see, e.g., Supreme Court Decision 2008Do5618, Sept. 25, 2008). Meanwhile, the conviction should be based on evidence with probative value that leads to a judge to have a true conviction to the extent that there is no reasonable doubt, and if there is no such evidence, there is no doubt against the Defendant.

Even the defendant.