The defendant shall be innocent.

1. On May 11, 2011, the Defendant stated that “A person who was aware of the facts charged in the instant case, was using money at ordinary times, and was making interest payment.” If Liman borrowed KRW 10 million, he/she would pay money on his/her work as an insurance company, and would pay each month interest.”

However, around that time, the Defendant was attending an insurance company’s agency, and there was a monthly revenue of KRW 200 to KRW 3 million. However, the Defendant was liable for a large amount of debt such as bonds, and paid premiums on behalf of multiple insurance subscribers, and the Defendant was in short of his living cost by using both the principal and interest of the above obligation every month and the payment on behalf of the large number of insurance subscribers. Therefore, the Defendant did not have the ability to pay the amount even if he borrowed money from C.

Nevertheless, the Defendant, by deceiving C as above, received KRW 9.7 million from the Nong Bank account (Account Number: D) in the name of the Defendant on the same day from C, and acquired it by defrauding KRW 2,950,000 in total four times from around that time to September 10, 201, such as the No. 1, No. 3, and No. 5 of the List of Offenses from around September 10, 201.

2. The defendant's argument argues that "A person who borrowed KRW 20,950,00 from C as stated in the facts charged of this case (hereinafter "the loan of this case") was aware of the fact, but he had the intent and ability to repay the loan of this case at the time, and therefore, he did not have the criminal intent to acquire it by deceit."

3. Determination

A. In light of the above, the establishment of fraud through deception shall be determined at the time of borrowing. Thus, if the defendant had the intent and ability to repay the loan at the time of borrowing, even if the defendant failed to repay the loan thereafter, it is merely a simple non-performance of civil liability, and it cannot be said that a criminal fraud is established. The existence of the criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, shall not be led to confession by the defendant.