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The defendant shall be innocent.
Reasons
1. On May 29, 2015, the Defendant: (a) obtained a loan of KRW 7 million from the two branch offices of KB Capital Co., Ltd., the Defendant agreed to pay the amount in 24 installments each month for 24 months by equal repayment of principal and interest.
However, even if the defendant received a loan at the time, he did not have the intention or ability to complete the loan.
As such, the Defendant, by deceiving the victim company through a person in charge of lending the victim company, obtained a loan of KRW 7 million from the bank account in the name of the Defendant to the bank account in the name of the Defendant.
2. Determination:
A. The establishment of a crime of fraud through deception of the relevant legal doctrine is determined as at the time of borrowing. Therefore, if the defendant had the intent and ability to repay at the time of borrowing, he/she could not thereafter repay the borrowed money.
Even if this is merely a mere non-performance of civil liability, it cannot be said that criminal fraud is established. The existence of fraud, which is a subjective element of fraud, should be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history before and after the crime, environment, background and details of the crime, process of transaction, transaction performance process, relationship with the victim, etc. (see Supreme Court Decision 95Do3034, Mar. 26, 1996). (B) According to the records of this case, the defendant was liable for the total amount of approximately KRW 23,00,000,000 from other financial institutions, such as Samsung Life, South Korea Bank, etc. at the time of the loan of this case, and ② the defendant was granted the loan of this case in order to establish the spouse's share investment funds, and ③ the defendant was in the stock price decline at the time of the loan of this case, and the defendant was in his occupation, but his spouse's loss and loss occurred during his period of temporary retirement.