beta
Text
The defendant is innocent. The summary of this judgment shall be notified publicly.
An applicant for compensation shall be dismissed.
Reasons
1. On May 31, 2017, the summary of the facts charged in the instant case, the Defendant falsely stated that “In the clothes repair shop operated by the victim B located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant would lend the victim KRW 10 million to the victim with the full payment of KRW 1,00,000,000,000 if the loan was sold in October of the instant year.”
However, at the time, the Defendant did not own a loan for sale as above, and the economic situation where the Defendant borrowed money from another person due to a considerable amount of personal debt to be borne by the Defendant, and thus, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim as above.
Ultimately, the Defendant deceivings the victim as above, and acquired from the victim the total sum of KRW 10 million on the same day, KRW 20 million on July 17, 2017, and KRW 40 million on July 21, 2017.
2. The defendant asserts that there was no deception of the victim as stated in the facts charged of this case, and that there was no intention to acquire the victim at the time.
In a criminal trial, the burden of proving the facts constituting the crime prosecuted is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.
Even if there is no choice but to judge the interests of the defendant.
(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). In addition, the establishment of fraud by the defraudation of the borrowed money should be determined at the time of borrowing. Therefore, if the Defendant had the intent and ability to repay at the time of borrowing, even if the Defendant was unable to repay the borrowed money due to changes in economic conditions thereafter, it is merely a non-performance under civil law, and criminal fraud is committed.