The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is that the Defendant had no intention or ability to repay the principal and interest even if he/she received a loan from the victim immediately clurt Co., Ltd., with a debt of KRW 212 million and the amount paid for the name of interest and living expenses exceeds the monthly income of the Defendant.

Nevertheless, on February 16, 2012, at the victim's office located in Yeongdeungpo-gu Seoul Metropolitan Government No. 1, 309, Dong 1, Dong 309, the Defendant conspiredd a person in charge of the victim's failure to pay KRW 4 million in good faith every month for 34 months, and acquired KRW 3,96,000 from the victim as a loan.

2. Determination

A. Fraud is established by deceiving another person to make a mistake by inducing the act of disposal and thereby inducing the delivery of property or gain pecuniary advantage. It is necessary to establish causation between deception, mistake, and act of disposal of property (see Supreme Court Decision 2000Do1155, Jun. 27, 2000). On the other hand, whether a certain act constitutes deception that causes a mistake of another person, and whether there exists a causal relationship between such deception and act of disposal should be determined objectively and objectively by taking into account the specific circumstances as at the time of the act, such as the transaction, the other party’s knowledge, character, experience, occupation, etc.

(See Supreme Court Decision 87Do1872 delivered on March 8, 1988). Meanwhile, one of the main objectives of the individual bankruptcy exemption system under the Debtor Rehabilitation and Bankruptcy Act lies in providing for the bankruptcy distribution of all his/her own property at the time of the declaration of bankruptcy. However, even if the suspension was made for the bankruptcy, it provides for the circumstances in which he/she is able to make efforts for the economic rehabilitation in the future, without plucking or plucking up the debt prior to the declaration of bankruptcy, through the discharge of the un

On the other hand, the Debtor Rehabilitation and Bankruptcy Act is an act of interested parties such as creditors.