The defendant shall be innocent.

1. Defendant A of the facts charged in the instant case is a inorganic contract street cleaners at C Library, and the victim D Co., Ltd. (the representative E; hereinafter “victim”) is a lending company.

On September 24, 2012, the Defendant had no intention or ability to repay the amount even if he has already received loans from the victim with excessive liabilities accumulated at various places, such as the Yangyang Saemaul Community Fund, etc., of Yeongdeungpo-gu Seoul Metropolitan Government (AD Office), and even if he has already received loans from the victim with excessive liabilities accumulated.

Nevertheless, as if the victim would settle the loans properly, the victim applied for a workplace credit loan (hereinafter “instant loan”) under the conditions of equal repayment of principal and interest for 39 months, 270,000 per annum, 39% per annum as if he/she pretended to pay the loans properly, and then the victim received five million won of the loan from the victim.

2. Determination:

A. The existence of the crime of fraud, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances, such as the Defendant’s financial power, environment, details of the crime, process of transaction, and relationship with the victim before and after the crime (see, e.g., Supreme Court Decision 2004Do3515, Dec. 10, 2004). Whether such fraud is established or not shall be determined at the time of the act, and it shall not be punished for fraud on the ground that the Defendant is in a state of default due to changes in economic conditions after the act, etc. (see, e.g., Supreme Court Decision 2008Do5618, Sept. 25, 2008). Meanwhile, since the purpose of the individual rehabilitation system under the Debtor Rehabilitation and Bankruptcy Act is to effectively recover the debtor with respect to the debtor facing the collapse due to financial difficulties, recognition of the loan borrowed to the debtor through the individual rehabilitation system is excluded from liability for damages caused by fraud.