The defendant shall be innocent.

1. The summary of the facts charged [criminal records] The Defendant was sentenced to imprisonment for six months with prison labor for an injury in the Southern Branch of the Gwangju District Court on August 11, 2016, and the sentence was finalized on August 19, 2016.

[2] The Defendant, on May 201, is liable to the victim B in front of the public service center of the Gun office located in the area of Jindo-gun, Jindo-gun, Jindo-gun, the area of which is located in the area of 643.5.

“.........”

However, the Defendant was unable to purchase a vehicle under his name due to bad credit standing, and the Defendant did not have the ability to pay the installments of about KRW 1.8 million every month due to the Defendant’s economic situation at the time.

The Defendant: (a) by deceiving the victim as above; (b) obtained a certificate of personal seal impression, etc. necessary for the purchase of a vehicle installment from the injured party; (c) applied for a loan to Hyundai Capital in the name of the injured party on May 24, 2010; and (d) obtained a loan in the name of the injured party by obtaining a loan of KRW 45 million in the name of the injured party; and (c) obtained a loan from the injured party.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. The judgment of this Court

A. Relevant legal principles and the issues of this case are the crimes of fraud, which is established by deceiving others, leaving them into mistake, thereby inducing the victim (the other party to deception) to perform a dispositive act, thereby obtaining property or pecuniary gains.

Therefore, in order to establish a crime of fraud, there should exist the actor’s deception, mistake of the victim, disposal following the act, and acquisition of property or pecuniary gain by the perpetrator, etc. (see Supreme Court Decision 2017Do8449, Sept. 26, 2017, etc.). 2) In the instant case, the Defendant expressed the victim the same words as the stated in the facts charged, and intended repayment by the Defendant.