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The defendant shall be innocent.
Reasons
1. On January 18, 2015, the summary of the facts charged stated in the charge that, “A” clothes store operated by the Defendant located in Suwon-gu, Daegu-gu, stating that “I would lend money in short of the price for the purchase of clothes to the victim D, I would like to pay money in advance to the victim D with 2-3 points of interest and sell clothes.”
However, in fact, the Defendant did not have any intention or ability to repay the borrowed money because the property situation has deteriorated to the extent that the debt such as credit card payment, loan of financial rights, personal debt, etc. exceeds KRW 140 million, and the Defendant was scheduled to use the borrowed money as the Defendant’s repayment of other debt from the injured party.
The Defendant, as such, by deceiving the victim, received KRW 9.2 million from the victim to the E bank account under the name of the Defendant on the same day, and received transfer of KRW 5.9 million from around that time to December 2, 2016 through four times in total, such as the statement in the list of crimes, from around that time.
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 taking into account the objective circumstances, such as the Defendant’s financial history, environment, details of the crime, and the process of transaction performance before and after the crime unless the Defendant is led to the confession (see, e.g., Supreme Court Decision 2016Do12460, Nov. 9, 2017). B. The following facts are acknowledged according to the evidence duly adopted and investigated by the court:
① In operating clothes from around November 2006, the Defendant borrowed approximately KRW 180 million from D to December 2, 2014 from D and repaid the principal, including interest, from around eight years to around eight years.
② After borrowing money from D on January 18, 2015, the Defendant continues to borrow money by means of borrowing the money at maturity without repaying the principal of the loan, and as interest for each of the borrowed money (40,300,000 won in total) stated in the attached Table Nos. 1 through (3) of the List of Offenses Act.