The defendant shall be innocent.

1. Around July 1, 2014, the Defendant applied for a loan with the interest of KRW 500,000 per annum 34.9% per annum on the fiveth day of each week by lending KRW 5,000 to the injured party C’s employees at the right-hand loan office located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, for the principal and repayment for 36 months.

However, as at the time, the Defendant was scheduled to pay the interest on bonds by the victim as a number of debts have been owed by the bond company, and in addition, the Defendant was also obligated to pay a large number of debts to SC Capital, Hyundai Capital, One Loan, SC Loan, Nonghyup, etc., and there was no intention or ability to repay the interest and principal even if the Defendant received a loan from the victim.

Ultimately, the Defendant, by deceiving the victim as above, received 4,990,000 won from the victim to the post office account (number: D) in the name of the Defendant, and acquired it by fraud.

2. Determination

A. Generally, a person who borrows money from a lending company is not fully able to repay the money, or is in a bad credit condition, and the lending company is aware of the lending company, and there are many cases where the lending company provides a loan under the risk of being unable to receive a high-rate interest return in return for the lending company. Since it is common to evaluate the lending company's own ability and credit condition with professional human resources and equipment, even if a person with bad credit standing has obtained a credit loan through a loan examination in accordance with the procedures set by the lending company, it shall be careful in determining whether the crime of fraud is established through the borrowing of the borrowed money.

On the other hand, one of the main objectives of the individual rehabilitation system under the Debtor Rehabilitation and Bankruptcy Act is to coordinate the timing and method of repayment of the debt prior to the commencement decision of the individual rehabilitation procedure with respect to the debtor facing bankruptcy due to financial difficulties, and to discharge the debt.