The defendant shall be innocent.

1. Cases No. 2011 Highest 4428:

A. The Defendant was sentenced to a fine of KRW 10 million for fraud at the Seoul Southern District Court on April 18, 2008. The Defendant operated Guro-gu Seoul District Court, but was in operation of the Guro-gu Seoul District Court, but failed to engage in the business of supplying gas due to its failure to pay gas, and opened a new D private house with several sources around September 2004. However, even though he did not pay part payments, he did not pay part payments in excess of KRW 6 billion, even if he borrowed money from the victim E (the age of 62), he did not have the intent or ability to pay it at that time. The Defendant borrowed money from the victim E (the age of 62) on May 29, 2006, he was unable to pay it from KRW 100 to KRW 300,000,000,000,000,000,000,000,000 won, 300,000,000,00.

8. Around October 10, 100,000 won was delivered, and around November 2 of the same year, “BM vehicle was seized due to gas costs, shall be repaid immediately if it was lent KRW 25 million, and shall be paid in two copies of interest,” and the victim was issued KRW 25 million from the account in the name of G.

Accordingly, the defendant received 55 million won as a loan from the victim on two occasions, and acquired it by fraud.

B. (1) In the crime of fraud of borrowed money, solely on the fact that the borrower had been in excess of his/her obligation at the time of borrowing the money, it cannot be readily concluded that he/she had no intent or ability to repay the borrowed money immediately.

It is different because it is in excess of the obligation or is faced with a situation that is economically difficult.