The defendant shall be innocent.

1. Summary of the facts charged

A. On January 20, 2013, the Defendant made a false statement to the victim E at the D restaurant located in Jinju-si, Jin-si, stating that “I would borrow one million won to F, and in lieu of this money, I would make a repayment by the end of July 2013.”

However, the victim did not have the intention or ability to repay even if the victim paid money in lieu of money.

As such, the Defendant, by deceiving the victim, had the victim pay the borrowed money in cash immediately under the pretext of the subrogated repayment of the borrowed money, and acquired the pecuniary profit equivalent to the same amount in a manner of not paying the borrowed money.

B. On June 19, 2013, the Defendant told the victim E in front of the public service center of the Jinju Police Station, “If he/she lends the money to a traffic accident agreement amounting to KRW 2 million, he/she would make a reimbursement within one month after deducting the deposit of the deposit of the lease on an apartment in which he/she currently resides from the deposit of the lease on an apartment.”

However, there was no intention or ability to repay even if money is borrowed.

The Defendant, as such, by deceiving the victim, was immediately given two million won to the injured party.

2. Determination

A. The establishment of a crime of fraud by defraudation of the borrowed money shall be determined at the time of borrowing. Therefore, if the defendant had the intent and ability to repay at the time of borrowing, he did not 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. On the other hand, the existence of the criminal intent of defraudation, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account objective circumstances such as the defendant's financial history before and after the crime, environment, contents of the crime, process of transaction, relationship with the victim, etc. unless the defendant confessions (see Supreme Court Decisions 95Do3034, Mar. 26, 1996; 2007Do1070, Feb. 14, 2008, etc.).