However, in fact, the first bid bond for the above factory was not repaid, and there was no new investment decision at the time, and the defendant bears the debt from around 2009 to 4.1 billion won, and the defendant did not have the intention or ability to repay even if he borrowed money from the victim.

As such, the Defendant, as well as the Defendant, by deceiving the victim and received five million won in cash from the victim’s place of residence, and around that time, received 87 million won in total over 11 times from October 4, 201 as shown in the annexed crime list, and acquired it by deception.

2. The burden of proof of criminal facts prosecuted in a criminal trial for a judgment is the prosecutor, and the conviction of guilt is based on evidence with probative value, which makes a judge not having reasonable doubt as to the facts charged, to the extent that the facts charged are true. Thus, if there is no evidence to form such a degree of conviction, the defendant is suspected of guilty even if there is no evidence to establish such a degree

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2006Do1716 Decided May 26, 2006, and Supreme Court Decision 2007Do163 Decided November 30, 2007, etc.). The following circumstances acknowledged by the records of the instant case, namely, ① the contents entered in the mutual agreement agreement signed by the Defendant and the complainant on March 2, 201 (hereinafter “instant mutual agreement agreement”) and the statement of the Defendant, the complainant, and E, are combined.