The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is that the Defendant had no intent or ability to repay according to an agreement even if he/she applied for a loan from a lending company.

Nevertheless, on February 14, 2013, the Defendant received three million won of credit loans from the victim to the Agricultural Cooperative (C) account of the Defendant, and acquired them by transfer through the victim’s Internet loan consultation system. The Defendant stated that “the Defendant is a taxi engineer in B, who is in office as a taxi engineer, and an average of two million won of monthly salary, shall be paid in cash.”

2. Whether fraud is established through the deception of the borrowed money is determined at the time of borrowing. Therefore, even if the defendant had the intent and ability to repay the borrowed money at the time of borrowing, if he did not repay the borrowed money thereafter, it is merely a non-performance under civil law, and it cannot be said that a criminal fraud is established.

In addition, fraud is established by deceiving another person to make a mistake by inducing the act of disposal, and by inducing the act of disposal to receive property or gain pecuniary profit, and there is a causal relationship between deception, mistake, and act of disposal of property (see Supreme Court Decision 2000Do1155, Jun. 27, 2000). Meanwhile, whether a certain act constitutes deception that causes a mistake of another person, and whether there exists a causal relationship between such deception and act of disposal should be determined generally and objectively, taking into account the specific circumstances at the time of the act such as the transaction, the other party's knowledge, character, experience, occupation, etc.

(see Supreme Court Decision 87Do1872, Mar. 8, 1988). Generally, a person who borrows a small amount of money from a lending company with a credit extended by a lending company shall be able to pay interest at a high rate and a person who is not fully able to repay the loan amount, and the lending company shall be able to obtain a high rate of interest in return for the said loan.