The defendant shall be innocent.

1. The summary of the facts charged is a person who actually operates or is operating D Child Care Centers, E Child Care Centers, F Child Care Centers, G Child Care Centers, H Child Care Centers, I Child Care Centers, and J Child Care Centers, under the name of many people in Seoul, Pyeongtaek, etc.

피고인은 2011년 11월 초순경 서울 송파구 거여역 주변에서 피해자 K(이하 ‘고소인’이라고 한다)에게 "내가 경기도 가평군 L에 F 어린이집(이하 ‘이 사건 어린이집’이라고 한다)을 운영할 자리를 봐 놨는데 임대금 및 인테리어 시설비가 부족하니 돈을 빌려주고, 신용카드를 사용할 수 있게 해 달라. 그러면 담보조로 임차인 명의를 고소인 이름으로 하고, 그 어린이집의 대표자 및 원장으로 등록시켜주겠다."라고 거짓말을 하였다.

However, the Defendant did not think that the name of the tenant of the above child-care center was the name of the complainant, and did not think that the representative or the president of the above child-care center was registered as the complainant, and there was no intention or ability to repay even if he borrowed money from the complainant or used credit card.

Around March 12, 2012, the Defendant received KRW 10 million from the complainant as the down payment of child-care center from November 12, 201 to March 28, 2012, and received KRW 32,401,700 in total on 18 occasions as shown in the attached crime list, and around November 201, received credit card in the name of the complainant from November 201 to May 201, and acquired property benefits equivalent to the same amount as the Defendant did not pay the use amount.

2. Determination

A. Whether a crime of fraud is established shall be determined at the time of the act, and it may be punished as a crime of fraud on the ground that the defendant would be in a state of default due to changes in economic conditions after the act was committed.