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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
1. On July 29, 2014, the summary of the facts charged, the Defendant made a false statement that “The Defendant would pay 8% interest per annum and repay within one year, while lending KRW 150,000,000 to the Defendant’s operating capital, by investing in the JD business.”
However, in fact, the Defendant had a debt equivalent to KRW 30 million at the time, and the Defendant received money from the injured party and intended to repay KRW 80 million borrowed from G, and thus, the Defendant did not have any intent or ability to pay the money within one year even if he borrowed the money from the injured party.
The Defendant received a total of KRW 100,000,000 from the company bank account in the name of the F in the name of the Defendant (H) to the national bank account in the name of the Defendant, and KRW 20,000,000,000 around July 29, 2014, respectively, from each transfer of KRW 80,000,000 on the 30th of the same month.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
2. Determination
A. The summary of the Defendant’s assertion: (a) there was a disturbance in the progress of the company’s business after borrowing money from the damaged party; (b) there was an insolvent financial failure to repay the borrowed money; and (c) not borrowed the money by deceiving the injured party with the criminal intent of defraudation from the time when the money was used; (d) the Defendant aggravated the financial situation due to losses caused by the interruption of contract with the Chinese Crerae on Nov. 1, 2014 and the U.S. counterpart company, which was unexpected on Nov. 1, 2015; and (e) eventually, (e) the closure of business around July 2015.
B. (B) Determination of the relevant legal doctrine at the time of the establishment of fraud is made. As such, if a borrower has an intent and ability to repay money in a consumption lending transaction, even if the borrower did not repay money thereafter, it is merely a non-performance of civil liability and a criminal fraud is not established (Supreme Court Decision 2012Do14516, Apr. 2, 2016).