The defendant shall be innocent.

1. On October 10, 2012, the summary of the facts charged, the Defendant, despite having no intent or ability to pay money, from the office E, Co., Ltd. located in Sungsung-si D, the Defendant made a false statement to the victim F that “it is necessary to pay money, including interest, within one month of lending KRW 5 million,” and that it shall receive from the victim KRW 3 million on October 10, 2012, KRW 2 million on October 11, 2012, and KRW 5 million on total from the victim.

2. The gist of the lawsuit by the defendant and his defense counsel is that the defendant did not pay the borrowed money due to meal expense claims against the victim, and it is difficult to view that the defendant did not have the intent or ability to pay the borrowed money to the victim in light of the defendant's financial status, etc.

3. The intent of the crime of defraudation, which is a subjective constituent element of the judgment of fraud, is to be determined by comprehensively taking account of the objective circumstances such as the financial history, environment, details and contents of the crime before and after the crime, and the process of transaction execution, unless the defendant is led to confession

In addition, the conviction should be based on evidence of probative value, which leads a judge to have a conviction that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt about the defendant's guilt, it should be determined with the benefit of the defendant. The same applies to the recognition of the criminal intent, which is a subjective element of fraud.

(See Supreme Court Decision 2005Do12 Decided October 14, 2005, etc.). The establishment of a crime of fraud by defraudation of the borrowed money should be determined at the time of borrowing. Thus, even if the Defendant had the intent and ability to repay the borrowed money at the time of borrowing, if the Defendant had failed to repay the borrowed money thereafter, it is merely a civil non-performance of obligation.