The defendant shall be innocent.

The summary of the facts charged is the person who operates D in Gangnam-gu Seoul Metropolitan Government C building 401.

However, the defendant is a person who has no intention or ability to repay money even if he/she borrows money from the NAEAC Loan Co., Ltd.

Nevertheless, around December 24, 2010, the defendant accused by telephone to the complainant at the office of the above defendant and deceiving the complainant that it is not unreasonable to repay his income due to income, and he obtained delivery of KRW 10 million from the complainant under the name of credit loan for the workplace.

Judgment

1. The existence of the crime of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, content of the crime, process of transaction, and relationship with the victim, unless the Defendant makes a confession (see, e.g., Supreme Court Decision 2004Do3515, Dec. 10, 2004). Meanwhile, deception as a requirement of fraud refers to any affirmative or passive act that generally lacks good faith and good faith to be observed in property transaction.

The establishment of a crime of fraud shall be determined at the time of such act, and it shall not be punished for fraud on the ground that the Defendant’s non-performance status may result in changes in economic circumstances after such act was committed.

(See Supreme Court Decision 2008Do5618 Decided September 25, 2008, etc.). In particular, one of the main objectives of the personal bankruptcy exemption system under the Debtor Rehabilitation and Bankruptcy Act is to provide conditions where a debtor, who was suspended from office, provided all his/her assets for the distribution of bankruptcy at the time of the declaration of bankruptcy, is able to make efforts for economic rehabilitation in the future without pressure due to his/her obligations prior to the declaration of bankruptcy, or plucking or plucking up, through the discharge of obligations prior to the declaration of bankruptcy by an