The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant, despite having not had the intent or ability to repay the loan even after having obtained credit from a financial institution, called to the Korea Savings Bank on March 6, 2012, the Defendant would pay the loan amounting to KRW 231,280,000 for a period of 36 months by making the loan to the person in charge of the loan in the name of the Plaintiff (victim) in Busan-dong, Dongcheon-dong, Busan-dong, 520-1, and on March 6, 2012. The Defendant received from the employee in charge of the loan to C account in the name of the Defendant on the same day.

2. Determination of the establishment of a crime of fraud by defraudation of the borrowed money should be made 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 he did not repay the borrowed money thereafter, this is merely a civil default, 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 a crime, shall be determined by taking into account the objective circumstances such as the defendant's re-performance before and after the crime, the environment, the content of the crime, the process of performing the transaction,

(See Supreme Court Decision 2007Do1070 Decided February 14, 2008 (see, e.g., Supreme Court Decision 2007Do10770, Feb. 14, 2008). The following circumstances acknowledged by the following facts: (a) the Defendant borrowed 5 million won, as stated in the facts charged, from the Korea Savings Bank, from the Korea Savings Bank on March 6, 2012 (hereinafter “instant loan”); and (b) the Defendant borrowed 5 million won from the Korea Savings Bank to the effect that it borrowed 5 million won from the Korea Savings Bank before that date; and (c) the Defendant owed a special debt to another financial institution as at the date of the instant loan.