The accused shall announce the summary of the judgment of innocence.

1. 공소사실 피고인은 2012. 12. 15.경 불상지에서 피해자 B에게 전화하여 “퇴직금 1억 원으로 형제들과 함께 돈을 모아서 땅을 사려는데 돈이 부족하니 빌려달라. 돈을 돌려달라고 하면 언제든지 돌려줄 것이고, 돈이 없으면 샀던 땅을 팔아서라도 갚아주겠다”라고 거짓말을 하였다.

However, even if the defendant did not think that he would purchase the land and received the money from the victim, he was expected to use it as living expenses, not as the land purchase fund, and there was no intention or ability to pay the money to the victim with excessive debt.

As above, the Defendant, by deceiving the victim as above, remitted KRW 4.6 million from the victim on December 25, 2012, and received a total of KRW 4,065 million from that time until November 2, 2013, from the victim, from that time to December 2, 2013, as shown in the list of crimes in the attached Table.

2. Determination

A. Determination at the time of the establishment of a crime of fraud is based on the relevant legal principles. As such, if a borrower has intent and ability to repay money at the time of lending money in a loan for consumption, even if the borrower fails to repay money thereafter, this is merely a non-performance under civil law, and a criminal fraud is not established.

Therefore, in a loan for consumption, in case where the lender was aware of the credit standing of the lender and the borrower in a loan for consumption, and the risk of delay of repayment or impossibility of repayment is anticipated or may be anticipated, due to such personal relationship as the relationship between the lender and the borrower and the continuous transaction relationship, etc., the lender is only aware of the credit standing of the lender, unless there are other circumstances such as the borrower stated that it was false or sufficiently likely that it would be possible for the borrower to determine whether to grant a loan for consumption with respect to the detailed intent of repayment, ability to repay, conditions of loan, etc.