The defendant shall be innocent.

1. On April 2014, the Defendant should lend KRW 13 million to the victim C at the security room of the G apartment complex B apartment complex B in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City, from "Abbn't 'Wn' and "Abn't 'Wn't 'Wn' to subscribe to the head of the Tong," and the guarantee is changed. This money is exchanged to the lending company three months after this money is returned to the lending company.

In doing so, the victim was loaned KRW 13 million from 'Abn' and 'Abn' and 'Abn' as the surety.

However, in fact, the defendant did not have the intent or ability to repay the debt to the loan company's "Wnnn" division or "Wnnn" division.

The defendant had the victim pay 13 million won or more to the victim's 'Wn' division or 'Wn' division, thereby making the victim take monetary benefits equivalent to that amount.

2. Determination

A. Whether fraud is established through the deception of the borrowed money is determined at the time of borrowing. As such, if the defendant had the intent and ability to repay at the time of borrowing, then it is impossible to repay the borrowed money due to changes in economic conditions thereafter.

Even if this is merely a simple non-performance of civil liability, it can not be said that criminal fraud is established.

The intent of the crime of defraudation, which is a subjective constituent element of a crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details of the crime, the process of transaction, and the relationship with the victim before and after the crime (see, e.g., Supreme Court Decision 95Do3034, Mar. 26, 1996). Meanwhile, the conviction ought to be based on evidence with probative value that leads to a judge to feel true that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine the Defendant’s profit.

B. Comprehensively taking account of the evidence presented by the prosecutor, the facts charged in the instant case are guilty.