The accused shall publicly announce the summary of the judgment of innocence against the accused.

1. The summary of the facts charged is a person who operated D Co., Ltd., a software development company located in Seocho-gu Seoul Metropolitan Government, which was closed around September 2014.

On June 2, 2014, around 17:00, the Defendant called the victim E in the vicinity of the Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho-gu Seoul Metropolitan Government Seocho-gu's Seocho-gu branch, and "The early investment has occurred in expanding the current computer program business to China, and the personnel expenses of employees have not been paid.

Therefore, if the business operation fund is urgently needed, only 17 million won is lent, it will be used only for one month.

“.....”

However, in fact, even though the Defendant had to pay wages and retirement allowances to the employees employed by the Defendant during the period from December 2, 2013 to April 2014, the Defendant did not pay 349 million won to the employees of the Defendant who should pay wages of 16.2 million won to the employees of the Defendant who had to pay after June 2014. From February 2014, the Defendant did not have any intent or ability to pay such wages even if he/she borrowed money from the victims, such as overdue payment of the credit card used by the Defendant.

As such, the Defendant, by deceiving the victim, was remitted 17 million won to the national bank account under the name of the Defendant on the same day from the victim.

2. Determination

A. Determination at the time of the establishment of a crime of fraud is based on the point of time of the act. Therefore, if the borrower has the intent and ability to repay the money at the time of lending the money in consumption lending transaction, even if the borrower fails to repay the money thereafter, this is merely a non-performance of civil liability, and it is not a criminal

Therefore, if the lender is aware of the credit standing of the borrower in the consumption lending transaction, such as the relationship between the lender and the borrower, and the continuous transaction relationship, and the risk of delay or impossibility of repayment is anticipated or may be anticipated.