특정경제범죄가중처벌등에관한법률위반(사기)
The defendant shall be innocent.
1. The Defendant in the facts charged of the instant case read as if he purchased the price of Seocho-gu Seoul Metropolitan Government E Apartment apartment 101 (hereinafter “instant apartment”) purchased from C from D at a price higher than the actual purchase price, and had the intent to acquire the loan by providing the said apartment as security.
On October 15, 2003, the Defendant submitted a false sales contract (hereinafter “instant contract”) stating that the sales price of the instant apartment is KRW 1.65 billion to employees in the name of the branch office of the Seocho-gu Seoul Yang Jae-gu Bank (hereinafter “the purchase price of the instant apartment”) and provided the apartment as security in the amount of KRW 1.65 million, even if the Defendant received a loan from the Cho Jae-gu Bank, without any intent or ability to repay the loan. In fact, the Defendant presented a false sales contract (hereinafter “the instant contract”) stating that the sales price of the instant apartment was KRW 1.65 billion to employees in the name of the branch office of the said Cho Jae-gu Bank, Seocho-gu, Seoul. In addition, the Defendant appears to have provided the apartment as security at KRW 1.65 billion.5 billion.
Accordingly, the employees of the Choung Bank believed that the sale price of the apartment of this case is equivalent to KRW 1.65 billion, and on October 22, 2003, the branch offices of the Choung Bank loaned KRW 1.3 billion to C.
As above, the Defendant, by deceiving the victim, acquired the amount of KRW 1.3 billion.
2. Determination
A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence of probative value, which leads a judge to a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the degree that such conviction would lead to a reasonable conviction, the determination should be based on the defendant’s benefit even if there is a suspicion of guilt.
In addition, the subject of such strict certification includes all specific criminal facts as stated in the indictment by the prosecutor, and in particular fraud.