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

1. Around April 23, 2012, the Defendant: (a) prepared a written confirmation stating that “No possibility exists to file an application for individual rehabilitation or individual bankruptcy within the next three months because he/she is not in a present insolvency status; (b) the Defendant would make a false statement as if he/she were to pay KRW 530,000 per month to the victim immediately re-employed 3-dong, Yeongdeungpo-gu, Seoul Metropolitan Government.” (c)

However, since the defendant had a debt of KRW 130 million at the time, there was no intention or ability to repay the debt even if he borrowed the money from the victim.

As such, the Defendant, by deceiving the victim and deceiving him from the victim to the bank account (C) in the name of the defendant on the same day.

2. The intent of defraudation, which is a subjective constituent element of the judgment of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the personal history, environment, details and details of the crime before and after the crime, and the process of transaction execution, unless the defendant is led to confession.

Meanwhile, the finding of guilt ought to be based on evidence with probative value, which leads a judge to have a conviction that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt about the defendant's guilt, it is inevitable to determine the defendant's interest. The same applies to the recognition of the criminal intent, which is a subjective element of fraud.

(See Supreme Court Decision 2005Do12 Decided October 14, 2005, etc.). We examine the following circumstances acknowledged by the record: ① The victim company had credit information regarding the Defendant’s obligation details through inquiry into the Defendant’s credit information at the time of the instant loan, and on this basis, assessed the Defendant’s credit rating, etc. to implement the instant loan, the amount of loan, interest rate, and so on.