The permission of release was also made.

As down payment, KRW 50,00,000 will be planted without a molding 80 fests from the end of November of this year to the end of December of this year.

It is also responsible for all the authorization and permission issues necessary for the removal of pine trees.

“A false statement” was made.

However, in fact, even if the defendant received KRW 50 million from the injured party, he was thought to use it for the repayment of his personal debt, and there was no fact to confirm whether he could remove pine trees. Therefore, there was no intention or ability to transplant 80 pine trees between the end of November 2014 and the end of December 201.

Nevertheless, the defendant deceivings the victim as above and acquired a copy of the KRW 50 million check from the victim on the same day.

2. Determination

A. The burden of proof and the burden of proof necessary for conviction in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value, which leads to the judge to have a conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt about the defendant's guilt, it is inevitable to determine the defendant's interest (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). (b) Taking full account of the following objective circumstances acknowledged by the evidence duly adopted and investigated by the court, the testimony in E this court, the statement in D and other evidence submitted by the public prosecutor are alone.