The defendant shall be innocent.

1. The summary of the facts charged is a person who runs the “E” loan brokerage business located in Yangcheon-gu Seoul Metropolitan Government D.

In fact, the Defendant borrowed 15 billion won from 30 to 40 creditors in addition to the victims, and operated the lending company with the form of "fluence" such as the payment of interest on the borrowed money to the victim in the absence of repayment of 10 billion won among them, and therefore, the Defendant was in short of funds.

Therefore, even if the Defendant borrowed the money necessary for the credit business from the victim, the Defendant did not have any intent or ability to pay the principal and interest, or to pay it.

On November 30, 2010, the Defendant, at the “E” loan brokerage office, concluded that “A loan is made with 10% of the pre-paid fee and 3% interest when a loan is made with money for 20 years or longer, and a loan is made with real estate as security at the time of loan, so if a loan is made with money necessary for credit business, 10% of the interest and fee will be paid on 5th of each month, and the secured goods will also be in the name of the party, and thus, the Defendant would be able to obtain 200 million won in trust.” The Defendant made a false statement to the victim F, “A loan with money for 20 years or more, and will be repaid at any time after two months.”

From that time to March 27, 2012, the Defendant received total of KRW 3.70 billion from the victim’s account in the name of the National Bank (G) under the name of the Defendant and the National Bank (G) account in the name of the Defendant’s wife from the victim to March 27, 2012.

Accordingly, the defendant deceivings the victim and defrauds 3.7 billion won.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the financial history, environment, details and details of the crime, and the process of transaction before and after the crime, insofar as the defendant does not make a confession. The intent of the crime is not a conclusive intention but domination.