The defendant shall be innocent.

1. The summary of the facts charged, although the Defendant did not have the intent or ability to repay the loan even after receiving the loan, on September 30, 2015, the Defendant applied for a loan by telephone at his own house located in Osan-si C, Inc. (hereinafter “victim Company”) and received from the Victim Company a payment of KRW 3 million immediately from the Victim Company to its own account, on September 30, 2015.

Accordingly, the defendant deceivings the victim company, thereby deceiving 3 million won.

2. Determination

A. Whether fraud is established through the deception of the borrowed money is determined at the time of borrowing. Therefore, if the defendant had the intent and ability to repay at the time of borrowing, he/she failed to repay the borrowed money thereafter.

Even if this is merely a mere non-performance of civil liability and cannot be said to constitute criminal fraud. The existence of fraud, which is a subjective constituent element of fraud, should be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history before and after the crime, environment, details and details of the crime, process of transaction, relationship with the victim, etc. (see Supreme Court Decision 95Do3034, Mar. 26, 1996). (B) According to the records of this case, the defendant was liable for a loan of KRW 7 million to the lending company around September 30, 2015, which was the time of the loan of this case, and the defendant was additionally liable for a loan of KRW 8 million from the well-called Savings Bank Co.,, Ltd. on October 12, 201, ② the defendant did not repay to the victim company the remainder of KRW 160,000,000,000,000 to KRW 16,015.