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The defendant shall be innocent.
Reasons
1. Around August 7, 2013, the Defendant agreed to receive a loan of KRW 30 million from the victim’s future life insurance (owner) in the vicinity of the invoice located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and to borrow KRW 9.4% per annum from the victim with a maturity of KRW 30 million with a maturity of KRW 45 million.
However, in fact, the Defendant had already been granted loans worth approximately KRW 180 million from financial institutions, and the Defendant had to pay KRW 2,700,000 as interest monthly interest, and on August 7, 2013, on the date of the application for the loan, extended approximately KRW 38,00,000 from the Korea Standards-based Bank on August 7, 2013, and there was no intention or ability to repay the loans even if he borrowed money from the victim.
The Defendant, as such, deceiving the victim, and deceiving him, the same month from the victim.
8. The Defendant was transferred 30 million won to the national bank account in the name of the Defendant.
2. Determination
A. Determination of fraud against a debtor who has been exempted through the personal bankruptcy exemption system requires more careful judgment in consideration of the fact that the liability for damages caused by the fraud is excluded from the eligibility for exemption and the debtor's will to seek economic rehabilitation may result in plucking or digging up.
(See Supreme Court Decision 2007Do8549 Decided November 29, 2007). In addition, despite the fact that a lending company is able to easily understand the credit or repayment ability of a lending obligor by means of mutual sharing of credit information or by means of its own credit investigation, there are many cases where a lending company concludes a high-rate interest agreement at a price to assume risk not being repaid, and accordingly, actively executes a loan to obtain high-rate interest profit and loan performance. Therefore, if a lending obligor receives a loan in accordance with the procedure determined by a lending company, the crime of fraud is established through the defraudation of borrowed money.