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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
An application for remedy by an applicant for compensation shall be dismissed.
Reasons
1. On December 3, 2012, the Defendant: (a) called the victim C on December 3, 2012 and paid the interest of KRW 1.5% per month on the loan of KRW 20 million to the victim C.
“.......”
However, facts have been operated by the Defendant at the time.
Since July 1, 2012, as a result of the agency's operational failure, the amount of income decreased rapidly from July 1, 2012, and the amount of debt borrowed from the family members reaches approximately KRW 120 million. The Defendant's husband E bears the obligation of KRW 280,000,000, such as financial right loan obligation, and thus, the Defendant's husband E did not have the ability and intent to pay it normally even if it borrowed KRW 20,000 from the injured party.
Nevertheless, the Defendant received KRW 20 million from the victim's bank account (Account Number:F) in Korea on the same day.
Accordingly, the defendant was given property by deceiving the victim.
2. Determination
A. The gist of the Defendant’s assertion was at the time of borrowing KRW 20 million from the injured party (hereinafter “the instant loan” or “the instant loan”), and had the intent and ability to repay the borrowed amount. However, the Defendant did not receive the amount of the borrowed amount because the relationship with the headquarters was omitted, and the agent did not receive the premium, and the Defendant merely did not pay the borrowed amount to the injured party while transferring the agent without receiving the premium, and did not intend to deceive or defraud the injured party.
B. (1) Determination as to the establishment of a crime of fraud by defraudation of the borrowed money should be made at the time of borrowing. Therefore, if the defendant had the intent and ability to repay at the time of borrowing, he could not thereafter repay the borrowed money.
Even if this is merely a mere non-performance of civil liability, it cannot be said that criminal fraud is established, and the existence of the criminal intent of defraudation, which is a subjective constituent element of fraud, is not led by the defendant.