The defendant shall be innocent.

1. On August 3, 2012, the Defendant made a false statement in the “F” store for the victim E’s operation of the building underground of the Seoul Jung-gu Seoul Jung-gu Seoul Metropolitan Government D Building No. 38, stating that “The Defendant would immediately pay the victim the face value upon the delivery of the head.”

However, in fact, since the financial situation of the defendant, such as the defendant's managing company's liabilities of at least one billion won, has deteriorated, there was no intention or ability to pay the amount even if the defendant is supplied with her hair from the injured party.

After all, the Defendant acquired the 1680,000 won of the market price from the injured party by the supply of her head string.

2. Determination

A. The establishment of a crime of fraud through the defraudation of money borrowed or the defraudation of pecuniary profits equivalent to the transaction price shall be determined at the time of the transaction, and it shall not be able to repay the price due to changes in circumstances after the contract.

Even if this is merely a non-performance of civil liability, and it cannot be said that criminal fraud is established (see Supreme Court Decisions 97Do249, Apr. 11, 1997; 97Do2630, Jan. 20, 1998; 97Do2630, etc.). The criminal intent of defraudation, which is a subjective element of fraud, cannot be determined by taking into account objective circumstances such as the defendant's re-defense before and after the crime, environment, details of the crime, and the process of performing the transaction (see Supreme Court Decisions 94Do2048, Oct. 21, 1994; 95Do3034, Mar. 26, 1996; 95Do857, May 28, 1996).