The defendant shall be innocent.

1. Summary of the facts charged

A. On November 10, 2015, the Defendant, at the branch office of the “F” branch office located in Ulsan-gu E building 206, Ulsan-gu, Seoul-gu, Seoul-gu, (hereinafter “F”), would use only several months if he/she loans money to the complainant.

“A false statement” was made.

However, the Defendant had no intent or ability to repay the bank account balance at the time, and there was no certain amount of profit from August 2015, 2015, while the Defendant operated the H insurance company’s agency and had been liable to pay KRW 60 million, such as the advance payment to be refunded to the head office upon the discontinuance of the said business. Therefore, even if the Defendant borrowed money from the complainant, it did not have any intent or ability to repay the amount.

The defendant deceivings the complainant as above and he was transferred KRW 9.9 million from the complainant as the borrowed money.

B. The Defendant, around January 5, 2016, at the office of the branch office of the F “F” as of January 5, 2016, intends to use only two months from the lending of money to the said complainant and to complete payment.

“A false statement” was made.

However, in fact, the Defendant did not have any intent or ability to pay money even if he borrowed money from the complainant because the balance of the bank account at the time was 150,000 won or more, on the other hand, the Defendant experienced economic difficulties such as the statement No. 1.

The defendant deceivings the complainant as above, and he was transferred KRW 15 million from the complainant as the borrowed money.

2. Determination

A. Determination at the time of the establishment of a crime of fraud is based on the point of time of the act. Therefore, if the borrower has the intent and ability to repay the money at the time of lending the money in consumption lending transaction, even if the borrower fails to repay the money thereafter, this is merely a non-performance of civil liability, and it is not a criminal

In addition, the lender is aware of the credit standing of the borrower in the consumption lending transaction, and the risk of delay or impossibility of repayment is expected due to the continuous transaction relationship between the lender and the borrower.