In this regard, since the company's operating capital is insufficient, the company's false statement was made that the interest shall be calculated in five copies and the principal and interest shall be paid three months after the loan of three million won.

However, in fact, since the defendant's membership agreement provided by the defendant has no value as a collateral, and the defendant's partnership's business was not well-established at the time, the defendant did not have any intent or ability to repay money.

Nevertheless, the defendant deceivings the victim as above and acquired 30,000 won in total, 30,000 won in borrowed money from the victim.

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that the defendant’s assertion or defense is inconsistent or uncomfortablely unfortunately unfortunately unfortunateed, it should be determined in the interests of the defendant even if there is suspicion of guilt (see, e.g., Supreme Court Decisions 2000Do5701, Jun. 11, 2002; 2008Do8137, Jan. 15, 2009). The following circumstances revealed by the record, namely, (i) the defendant explained that the funds for the operation of the company were insufficient at the time of borrowing KRW 30 million from the damaged person to the victim (Article 2 rights No. 18 and 19 of evidence records).