A) Around November 15, 2005, the Defendant worked as a management director of the company. Around November 15, 2005, the victim D made a false statement that “the funds for the operation of the company are required. The products of the company are in a warehouse, and there is money to be paid.” However, at the time, E was due to a shortage of funds, and it was impossible to lend money due to credit loans, and there was no object to be provided as security, and thus, the Defendant could not borrow money from the bank. Therefore, even if the Defendant borrowed money from the victim, the Defendant had the victim believe that it was true even though he did not have the intent or ability to repay money, and obtained money from the victim 1.5 million won to the above E on or around November 14, 2005. ② The Defendant did not have the right to borrow money from the victim D as security, and thus, the Defendant could not have paid money to the victim 1.5 million won, even if he did not have the right to borrow money.”

2. Determination:

A. The burden of proving the facts charged in a criminal trial as to Article 1 of the facts charged lies with the prosecutor, and the finding of guilt must be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant should also bear the burden of proving the facts charged.