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The defendant shall be innocent.
Reasons
1. The Defendant is a defendant who is engaged in the food service as C.
1. On April 18, 201, the Defendant made a false statement to (E) Do Savings Bank (Representative Director): “B is the monthly income of KRW 4,600,00,000 and the monthly repayment of the existing debt is KRW 1,870,000,000, the Defendant would repay KRW 3,000,000 to each 189,773,000 per month by means of equal repayment of principal and interest, and there will be no additional loan.”
However, the Defendant had an existing obligation of KRW 135,60,000 from other financial institutions and loan companies, which is equivalent to KRW 90,000,000,000, and even if the monthly average income is KRW 2240,000,000, there was no ability to repay even if the Defendant received additional loans.
Nevertheless, the Defendant, by deceiving the complainant as above, borrowed KRW 3,000,000 to the passbook in the name of the Defendant on the day.
2. On April 18, 201, the Defendant signed and sealed a written confirmation of the loan agreement with the following purport: “Around April 18, 2011, the Defendant would make a repayment of KRW 3,000,000 to the consulting staff of the Plaintiff (the representative director:G) for each 36-month period by means of equal repayment of principal and interest, and would not make any additional loan from other companies; and the Defendant would not explicitly express his/her intent to file a petition for bankruptcy and refuse to repay the loan.”
However, the Defendant, at the time of the loan, has reached 135,600,000 won, and 26,500,000 won, including 11,50,000 won, from other loan companies on the same day, received loans from other loan companies and did not have the intention to repay the loans by filing an application for individual rehabilitation on July 25, 201.
Nevertheless, the Defendant, as seen above, was urged to borrow KRW 3,000,000 on the day by deceiving the complainant.
The defendant was given six million won over two occasions in parallel.
2. Determination
A. Whether fraud is established through the defraudation of the borrowed money is determined at the time of borrowing, and thus the defendant is the defendant.