Defendant

A on February 12, 2009, “H laundry” operated by the Victim FF in Daegu-gu G, Daegu-gu, referred “A” to the victim “Ip laund to work for sound records.” The victim “Ip will pay 4 additional interest if Ipherson will have borrowed 3 million won in cash for a year and return.”

However, the facts did not have the intention or ability to complete the payment even if they borrowed money from the victim.

Defendant

A, as seen above, deceiving the victim and received three million won from the victim, namely, from September 21, 201 to September 21, 2010, from that time, the victim was issued KRW 23 million on seven occasions in total, as shown in the list of crimes in attached Form.

Accordingly, the Defendants received money from the victim and acquired it by fraud.

Non-crimes

1. The Defendants asserted that they did not receive KRW 23 million from F as stated in the facts charged, and that they borrowed KRW 12 million from F through F, but all of them were satisfied.

2. Determination

A. The facts constituting an offense prosecuted in a criminal trial must be proven by the prosecutor, and the judge should be found guilty with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

Supreme Court Decision 2002Do5662 Delivered on December 24, 2002, and 2003Do3455 Delivered on September 2, 2003, etc.

F is 23 million won to the Defendants on seven occasions as stated in the facts charged in the investigation agency and this court.