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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts as to fraud) was that the Defendant had the ability to repay the money as stated in the judgment below by the victim D at the time of borrowing the money from the victim D (hereinafter “the borrowed money of this case”) and that there was no intention to commit fraud by deceiving by preventing the Defendant from repaying the said money in the course of attracting investments from Q.
2. According to the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant was deemed to have no intent and ability to repay the borrowed money at the time the victim requested repayment, and the criminal intent to obtain the borrowed money is recognized. Therefore, the above argument by the defendant is without merit.
On May 11, 2017, the Defendant borrowed the instant loan from the victim, and agreed to pay interest of KRW 1,00,000 per month and repay the loan at any time when the victim so requests.
The victim stated in the investigative agency that “(the defendant) if he/she lends KRW 20 million to the defendant, he/she paid the interest of KRW 1 million per month and paid the money at any time during the two months in which he/she had paid the money, and he/she paid the money.” The victim stated that the defendant operated the gold bank and did not have any money in a low passbook and talks with P, and the mother did not talk to P, at around 10:00 on the same day, he/she transferred the money after deducting KRW 19 million from the bank passbook in the name of the defendant in Jung-gu RS at around 10:00 on the same day (the second page of the D police statement).” The defendant stated that “I return the principal at any time, and I borrowed money.”
(3) However, the defendant did not pay the above interest, and the defendant did not receive the contact even after one month from the above loan date, and the victim did not receive the contact until two years have passed from the loan date of this case.