The defendant shall be innocent.

1. On November 9, 2017, the Defendant stated in the facts charged that “The Defendant would make a repayment without a mold if he/she lends 20 million won to the Victim F through E at the D's office in Gwangju City, which is located in Gwangju City.”

However, the defendant did not have any intent or ability to repay the money as promised even if he borrowed the money from the injured party.

On November 16, 2017, the Defendant received 20 million won from the damaged party to the account of a national bank (G) in the name of the Defendant under the name of the Defendant for the purpose of borrowing money.

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

2. Determination

A. Whether a crime of fraud is established shall be determined at the time of the act, and the criminal intent of defraudation shall be determined by comprehensively taking into account the objective circumstances, such as the Defendant’s financial history, environment, details of the crime, and the process of transaction performance, unless the Defendant confessions (see, e.g., Supreme Court Decision 2016Do12460, Nov. 9, 2017). B. In this case, the Defendant created a right to collateral security against the victim with regard to real estate worth KRW 185 million at the market price, i.e., KRW 100,000,00 won, i., KRW 120,000,000 won, and the amount of debt covered by the prior collateral security is approximately KRW 148,00,000,000 ( approximately KRW 148,000,000). Therefore, at the time of borrowing, the Defendant provided the victim with adequate collateral in response

In this case, unless there are special circumstances, the criminal intent of defraudation of the defendant is not recognized (see Supreme Court Decision 84Do231 delivered on March 27, 1984, etc.).

Therefore, I will examine whether there is a special reason to recognize the criminal intent to acquire by deceit even though the provision of security was made.

1) At the time of borrowing, the Defendant promised not to apply for rehabilitation procedures and individual rehabilitation to the court for the victim, and the obligee is a civil criminal case.