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The defendant shall be innocent.
Reasons
1. On January 17, 2018, the Defendant entered into a loan transaction agreement with the victim B company on a yearly interest rate of 27.9%, payment on January 5, 2023 due date, and five million won (5 million won).
However, the Defendant did not have an intention or ability to repay the principal and interest of a bank, loan company, or credit card company, as the Defendant paid approximately KRW 90 million interest per month with approximately KRW 1.5 million, and there is no special property and monthly income is only KRW 3 million, and even if the Defendant received a loan from the victimized company, he did not have an intention or ability to repay the principal and interest of a loan even if he did not receive a loan from the victimized company.
The Defendant, as above, belonged to the damaged company, received five million won from the victimized company to the corporate bank account in the name of the Defendant on the 18th of the same month.
2. Determination
A. In the absence of circumstances such as the Defendant’s intent to perform obligations, ability to perform obligations, and terms and conditions of transactions, if the victim was aware of the Defendant’s credit position, and the risk of future delay or impossibility of repayment is anticipated or could have been anticipated, the Defendant deceiving the victim on his/her ability to perform obligations only with the fact that the Defendant failed to perform obligations properly.
It cannot be readily determined that there was an intention to commit fraud.
(see, e.g., Supreme Court Decision 2015Do18555, Jun. 9, 2016). In addition, whether a crime of fraud is established shall be determined as at the time of such act, and the issue of whether a crime of fraud is established shall be determined as at the time of such act, and the Defendant may not be punished for fraud on the ground that
(See Supreme Court Decision 2008Do5618 Decided September 25, 2008, etc.). B.
Judgment
In light of the following circumstances, the evidence adopted and examined by this Court can be admitted.