The defendant shall be innocent.

1. On May 25, 2017, the Defendant: (a) calls to the employees of the Victim B Co., Ltd. and provides counseling on loans; and (b) “No possibility exists to apply for individual rehabilitation or individual bankruptcy within the next three months as it is not in the present insolvency status; and (c) if he/she lends a written confirmation and “3 million won, he/she shall pay interest of 27.9% per annum until May 21, 2022.”

‘Before preparing and submitting the documents necessary for the loan, such as the loan transaction agreement.

However, in fact, at the time of the conclusion of the above contract, the Defendant was the monthly income of KRW 2 million, but the existing debt was 88,950,000,000,000,000,000,000,000,000,000 won, and the Defendant paid the debt with interest, etc. at least three million won per month, and thus, there was no intention or ability

The Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the Cbank account (D) in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. Determination

A. Whether fraud is established shall be determined at the time of the act, and as long as the criminal intent of defraudation does not make a confession of the defendant, it shall be determined by taking full account of the objective circumstances such as the defendant’s financial history, environment, details of the crime, and the process of transaction execution.

(see, e.g., Supreme Court Decision 2016Do12460, Nov. 9, 2017). Meanwhile, one of the main objectives of the personal bankruptcy and bankruptcy exemption system under the Debtor Rehabilitation and Bankruptcy Act is to provide conditions where, at the time of bankruptcy declaration, one of the parties, who provided all his/her own property for the distribution of bankruptcy, is under pressure due to his/her obligations prior to the declaration of bankruptcy, or efforts for economic rehabilitation without plucking, plucking, or plucking, of the obligations prior to the declaration of bankruptcy.

However, debtor rehabilitation.