The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is that the Defendant, even if he received the above money from the victim, did not have the intent or ability to repay it normally. However, on December 6, 2013, he/she would lend 3 million won to the victim Korea Savings Bank with a loan of 3,00,000 won and faithfully repay 34.9% of the interest rate per share over 36 months of the principal and interest per share.

“........”

The Defendant, by deceiving the victim as above, received three million won from the victim to the NongHyup Bank account in the name of the Defendant on the same day and acquired it by fraud.

2. Determination as to the establishment of a crime of fraud through the defraudation of loan money should be made at the time of borrowing. Thus, even if the defendant had the intent and ability to repay the loan money at the time of borrowing, it is merely a non-performance under civil law, and it cannot be said that a criminal fraud is established. Meanwhile, unless the defendant makes a confession, the existence of a subjective constituent element of a crime of fraud should be determined by taking into account objective circumstances such as the refeasible power, environment, content of the crime, process of transaction, relationship with the victim, etc.

(See Supreme Court Decision 95Do3034 delivered on March 26, 1996). One of the main objectives of the individual bankruptcy exemption system under the Debtor Rehabilitation and Bankruptcy Act lies in providing for the bankruptcy distribution of all the property at the time of the declaration of bankruptcy, which was suspended from office for the debtor’s discharge of the obligation before the declaration of bankruptcy, and providing for the circumstances in which the debtor is able to make efforts for economic rehabilitation in the future, without plucking or plucking up the debt before the declaration of bankruptcy.

However, the Debtor Rehabilitation and Bankruptcy Act regulates the legal relations of interested parties such as creditors and prevents abuse of the bankruptcy system.