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

1. On July 10, 2013, the Defendant agreed to borrow KRW 2.5 million from the call loan, a victimized company, to repay by July 31, 2018.

However, in fact, the Defendant did not have any property equivalent to KRW 1.5 million per month, and there is a financial institution’s obligation equivalent to KRW 30 million per month, and thus, the Defendant has to reimburse the amount equivalent to KRW 1.5 million per month, and even if having obtained credit loans from the damaged company, there was no intention or ability to pay KRW 79,500 per month the amount agreed to be repaid to the victimized company.

As above, the Defendant, by deceiving the damaged company, received 2.5 million won from the victimized company to the Defendant’s single bank account as a loan, and acquired it by fraud.

2. Determination

A. Whether fraud is established through the deception of the borrowed money should be determined at the time of borrowing. Thus, even if the defendant had the intent and ability to repay the borrowed money at the time of borrowing, if the defendant did not repay the borrowed money thereafter, this is merely a non-performance under civil law, and it cannot be said that a criminal fraud is established. Meanwhile, the existence of the criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by taking into account the objective circumstances such as the defendant's financial ability before and after the crime, environment, content of the crime, process of transaction, and relationship with

(See Supreme Court Decision 95Do3034 delivered on March 26, 1996). B.

In addition, although a lending company is able to share credit information mutually or easily understand the credit condition or repayment ability of a lending obligor by means of its own credit investigation, it has concluded a high-rate interest agreement at a price to assume risk not being repaid, and accordingly, it has many cases where a lending company actively executes a loan in order to obtain high-rate interest income and loan performance. Therefore, the lending obligor is granted a loan in accordance with the procedure set by the lending company.