The defendant shall be innocent.

1. The summary of the facts charged is that on January 28, 2013, the Defendant made a false statement to the effect that the Defendant would make monthly payments of KRW 143,00 per month during the 36-month period, even though he/she did not have the intent and ability to repay even if he/she received a loan from the victim company within the office of the victim call loan, the 8th floor of Bupyeong-gu Incheon Bupyeong-dong 194-23 New Building, Bupyeong-gu, Incheon, Bupyeong-gu, 2013, and that he/she received KRW 3,00,000 from the victim company and fraudulently acquired the interest and principal.

2. Determination

A. The existence of the crime of fraud, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial power, environment, content of the crime, process of transaction, and relationship with the victim before and after the crime (see, e.g., Supreme Court Decision 2004Do3515, Dec. 10, 2004). Whether such fraud is established or not shall be determined at the time of the act, and it shall not be punished for fraud on the ground that the Defendant is in a state of default due to changes, etc. in economic conditions after the act, etc. (see, e.g., Supreme Court Decision 2008Do5618, Sept. 25, 2008). Meanwhile, since it is aimed at the personal rehabilitation system under the Debtor Rehabilitation and Bankruptcy Act to effectively recover the debtor with respect to the debtor facing the collapse due to financial difficulties, recognition of the loan borrowed to the debtor through the individual rehabilitation system requires careful consideration of whether the debtor’s liability to recover is excluded from liability due to fraud.

(See Supreme Court Decision 2007Do8549 Decided November 29, 2007 and Supreme Court Decision 2007Do10770 Decided February 14, 2008, etc.) B.

In the instant case, the Health Center and the evidence duly adopted and examined by this Court.