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The defendant shall be innocent.
Reasons
1. On October 24, 2017, the summary of the facts charged, the Defendant made a false statement to the victim B, stating, “If the Defendant gains a loan under the name of the party and lends the loan to the victim B, he/she will arrange the loan to the first police officer until November 2017, so that he/she will not cause damage to the party.”
However, in fact, while the Defendant’s monthly income at the time is merely about 4 million won, personal debts amount to about 130 million won, at least 3 million won as interest every month, and at least 1.5 million won as the name of living expenses, etc., respectively, should be disbursed. Thus, even if he/she borrowed the money borrowed in the name of the victim, he/she did not have the intent or ability to resolve the loan obligation with the intention to escape from the burden of the loan obligation, even if he/she borrowed the money in the name of the victim.
Nevertheless, the Defendant, by deceiving the victim as above, got the victim to receive KRW 50 million from C to C on October 24, 2017, KRW 30 million from D to the same day, KRW 7 million from E to October 25, 2017, and KRW 16 million from F to the G bank account (H) in the name of the Defendant on October 25, 2017. On October 25, 2017, the Defendant acquired the above loan amounting to KRW 13 million from the said amount to the G bank account in the name of the Defendant.
2. Determination
A. Fraud is established by deceiving another person to make a mistake by deceiving him/her, causing his/her / her dispositive act, thereby receiving property or pecuniary advantage, and there must be causation between deception, mistake, and dispositive act.
(See Supreme Court Decision 200Do1155 Decided June 27, 2000, etc.). Whether a certain act constitutes a deception that causes a mistake to another person, and whether there exists a causal relationship between such deception and the disposal of property ought to be determined on a general objective basis by taking into account the specific circumstances at the time of the act, such as the transaction, the other party’s knowledge, character, experience, and occupation.
(see, e.g., Supreme Court Decision 87Do1872, Mar. 8, 1988). Also, fraud is committed.