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The defendant shall be innocent.
Reasons
1. On July 15, 201, the Defendant made a false statement to the effect that the Defendant would pay 3 million won to the employee of the Victim (State) D by telephone at C, which was located in the Military, for a period of 40 months each by 135,000 won per annum, on condition of 39% per annum of credit loans, on condition of 39% per annum.
However, at the time, the Defendant did not have any intention or ability to repay the loan even if he/she received the loan in excess of his/her obligation, such as using the amount equivalent to KRW 2,500,000 in the monthly salary of KRW 2,50,000 as the principal and interest of the obligation.
The defendant received 3 million won as a loan from the damaged company to a single bank account under the name of the defendant and acquired it by fraud.
2. Determination
A. The existence of the crime of defraudation, which is a subjective constituent element of the crime, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial power, environment, content 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 crime of fraud is established shall be determined at the time of the act, and it shall not be punished as a crime of fraud on the ground that the Defendant’s default status arises due to changes in economic conditions after the act.
(See Supreme Court Decision 2008Do5618 Decided September 25, 2008, etc.). In particular, one of the main purposes of the individual bankruptcy exemption system under the Debtor Rehabilitation and Bankruptcy Act is to coordinate the legal relations of interested parties, such as creditors, etc., and prevent abuse of the bankruptcy system, where one of the main purposes of the individual bankruptcy exemption system under the Debtor Rehabilitation and Bankruptcy Act provides for all of his/her own property for the distribution of bankruptcy, and where, through the suspension from office provided for the discharge of his/her property before the bankruptcy is declared, he/she is able to make efforts for economic rehabilitation in the future without pressure due to his/her obligation or her will, through the discharge of his/her obligation prior to