The defendant shall be innocent.

Punishment of the crime

On December 11, 2014, the Defendant stated that the Defendant would pay KRW 138,00 as interest and principal to the Defendant’s residence in Busan Shipping Daegu C, and that “The Victim Company will pay KRW 300,000 to the employee in charge of the Victim Company’s loan by telephone, and the Defendant would pay KRW 138,000 as principal and interest on the 13th day of each month for three years.”

However, the Defendant did not have any particular property or income, while even if the credit card arrears amounting to about 19 million won and the savings bank loans amount to about 5 million won, there was no intention or ability to pay the principal and interest normally even if the Defendant borrowed a loan from the victim company.

As above, the defendant deceivings the accused company, and he received 3 million won from the victim company to receive 3 million won from the victim company on the same day.

2. Determination

A. The establishment of a crime of fraud by defraudation of related legal principles should be determined at the time of borrowing. Therefore, if the defendant had the intent and ability to repay at the time of borrowing, the defendant could not thereafter repay the borrowed money.

Even if this is merely a mere non-performance of civil liability and cannot be said to constitute a criminal fraud. Meanwhile, the existence of the criminal intent of defraudation, which is a subjective constituent element of fraud, should be determined by comprehensively taking into account objective circumstances such as the defendant’s financial history, environment, content of the crime, transaction process, relationship with the victim, etc., before and after the crime, unless the defendant confessions (see Supreme Court Decision 95Do3034, Mar. 26, 1996). One of the main purposes of the liability system under the Debtor Rehabilitation and Bankruptcy Act, one of the most important purposes of the debtor’s rehabilitation and Bankruptcy Act, is the suspension for the distribution of the debtor’s property at the time of bankruptcy, but it is possible to make efforts for economic rehabilitation in the future through the discharge of the debt prior to the declaration of bankruptcy by the defendant, even though it was put under pressure due to the debtor’s liabilities prior to the declaration of bankruptcy, or without plucking,