The defendant shall be innocent.

A. The Defendant asserts that on May 11, 2011, the money recorded in the facts charged by the victim E (hereinafter “victim”) of mistake of facts did not borrow KRW 5 million in cash, and that there was a fact that he borrowed KRW 4 million in cash thereafter.

(hereinafter “the instant money”) borrowed the instant money and did not have a site that D members of the National Assembly were engaged, and Defendant personally borrowed it.

In addition, the defendant is receiving the amount of KRW 5 million every month, and there was sufficient capability to pay for real estate.

There is no intention to commit fraud against the accused.

B. The lower court’s sentence is heavy.

2. Judgment on the assertion of mistake of facts

A. Whether fraud is established shall be determined at the time of the act. The subjective constituent elements of fraud are to be determined by comprehensively taking account of the objective circumstances, such as the defendant's re-power and environment before and after the crime, the details and contents of the crime, and the process of transaction execution, unless the defendant makes a confession.

Meanwhile, the finding of guilt ought to be based on evidence with probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt, so if there is no such evidence, it is inevitable to determine the defendant’s interest even if there is a doubt of guilt against the defendant. The same applies to the recognition of the criminal intent, which is a subjective element of fraud.

(see, e.g., Supreme Court Decision 2013Do6760, Apr. 30, 2014). B.

Judgment

In light of the following circumstances, it is difficult to view that the evidence submitted by the prosecutor alone had the criminal intent to acquire the defendant, and there is no other evidence to acknowledge it.

On May 201, 101, the victim suffered money from the defendant's "D's member."