사기
All appeals filed by the prosecutor against the Defendants are dismissed.
1. According to the statements by the victims' assent, the statement of profits and losses, the statement of deposit and cash receipt and disbursements, etc., the defendants aggravated the management and finance of the corporation to the extent that they should pay the victims' investments to other investors as profits, as well as the business prospects such as the continuous increase of losses without sale of goods from January 2014 to June 2015 are also unclear and there is no room to guarantee the victims' profits which have been promised. However, according to the victim H's statement and statements and N's statements and the board of directors' materials corresponding thereto, the court below acquitted the defendants of the facts charged in this case on the premise that it is sufficient to prove the facts of this case, thereby affecting the conclusion of the judgment.
2. Determination
A. The prosecutor is responsible for proving the criminal facts charged with false accusation, and the recognition of the criminal facts must be based on the evidence with probative value to the extent that there is no reasonable doubt. Therefore, if there is no such proof, the defendant is suspected of guilty.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2005Do4737 delivered on February 24, 2006, etc.). B.
Based on the above legal principles, the court below did not have reasonable doubt that the evidence submitted by the prosecutor alone, based on the facts and circumstances as stated in its holding, had the criminal intent to defraud the Defendants.