“Inwardly, the Defendant received KRW 15 million from the victim’s account in the name of C used by the Defendant on the same day from the victim, and thereafter received KRW 64,347,300,00 in total, from February 1, 2013, as shown in the list of crimes in the attached Table.

However, the defendant did not have any particular occupation and property, and even if he borrowed money from the injured party such as having a liability of 50 million won or more, he did not have any intention or ability to repay the money.

Accordingly, the defendant deceivings the victim, thereby deceiving 64,347,300 won.

2. Determination

A. In a criminal trial, the conviction in a criminal trial ought to be based on evidence with probative value that leads a judge to feel true beyond a reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the level that leads to such conviction, the determination should be based on the defendant’s benefit even if there is suspicion of guilt (see, e.g., Supreme Court Decision 2011Do15767, Feb. 13, 2014). (B) The Defendant asserted that the money received from B is not borrowed, but the money was decided to operate a commercial sex business, distribute profits, and received investments, and that he/she was subject to regulation in the process of preparing a business establishment, and that he/she did not pay money by business.

(c)

The key issue of the instant case is whether the Defendant borrowed money from B or was invested, and comprehensively taking account of the following circumstances acknowledged by the evidence, records, and the witness C’s statement, the evidence presented by the Prosecutor alone that the Defendant borrowed money from B as shown in the facts charged.

It is difficult to see it.

Therefore, the defendant is guilty.