beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the court below rendered a not guilty verdict of the facts charged in this case, or erred in the misapprehension of legal principles, even though the defendant did not have any ability or intent to repay the loan, considering objectively judged by comparing the income, property, and debts as at the time of obtaining the loan from the victim company.
2. Determination
A. On May 25, 201, the summary of the facts charged of this case: (a) the Defendant applied for a credit loan of KRW 2,00,000,000,000 per month, including the principal and interest, at his own house located in Gyeyang-gu Seoul Metropolitan City, for a credit loan of the victim by telephone; and (b) on May 24, 2016, the Defendant provided a false statement as if he were to repay the loan of KRW 1,00,000 per month, including the principal and interest, to the victim; (c) however, the Defendant sent the loan-related documents to the victim by facsimile; (d) while the monthly income was only KRW 1.4 million at the time, the Defendant had to pay KRW 48,00,00 from the lending company in total, and there was no intention or ability to repay the loan even if he received the loan due to the credit card payment.
The defendant obtained a loan of KRW 2 million from the victim on the same day and acquired it by fraud.
B. According to the evidence duly adopted and examined by the lower court, the lower court: (a) on May 25, 201, the Defendant borrowed KRW 2 million from the victim company as a credit loan on the part of his/her workplace; (b) the Defendant had a debt equivalent to KRW 48 million in total, including bank loans, credit card bills, etc. at the time of obtaining a loan; and (c) paid at least KRW 1,400,000 per month with loan interest, etc.; (d) the Defendant was receiving a benefit of KRW 1.4 million at the workplace at the time; and (d) the Defendant was granted a loan from the victim company and filed an application for commencement of individual rehabilitation procedures with the court for about six months after obtaining a loan from the victim