beta
Text
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. On October 13, 2014, the Defendant made a false statement in the facts charged, stating that “A victim call loan Co., Ltd. (hereinafter “victim Co., Ltd.”) located in the third floor of 140-4 Esus Building in Busan-dong, Busan-dong, Busan-dong (hereinafter “Co., Ltd.”) will be repaid to employees under his name in Busan-dong (hereinafter “victim Co., Ltd.”).
However, at the time, the Defendant did not have any particular property owned by the Defendant and did not have any intent or ability to repay the loan even if he received the loan from the victim due to the circumstances under which the Defendant is obliged to pay the amount equivalent to KRW 300,000 to KRW 3.5 million per month interest on the existing debt amounting to KRW 300,000 per month.
Nevertheless, as above, the Defendant, by deceiving the employees of the victim, was transferred KRW 5 million to the Busan Bank Account in the name of the Defendant on October 13, 2014 by entering into a loan agreement with the victim to pay KRW 142,500 as interest on October 31, 2019 from October 13, 2014 to October 31, 2019, and by signing a loan agreement to pay KRW 142,500 as interest on October 13, 2014.
2. Determination
A. Generally, a person who borrows a small amount of money from a lending company shall pay interest at a high rate, and a person who borrows a small amount of money from a lending company shall have the ability to repay, or have good credit standing, and the lending company shall be aware of the lending company in return for the lending company, with the risk of not being repaid at a high rate of interest. In general, it is reasonable to evaluate the lending company's own professional human resources and equipment as to the lending company's ability and credit status. Thus, even if a person with bad credit standing has been granted a small amount of credit loan through a loan examination in accordance with the procedures set by the lending company, he/she shall be careful in determining the establishment of fraud through the acquisition of the borrowed money.
In the case of the debtor who filed an application for commencing individual rehabilitation procedures, only the debtor's uncertain ability to repay is emphasized.