사기
The defendant shall be innocent.
1. On July 10, 2018, the Defendant is obliged to pay KRW 1700,000 per month, including the principal and interest, if he/she lends KRW 30,000 to the victim D who works at the main store and became aware of by his/her customer at the store B located in Ulsan-gu, Ulsan-gu, Seoul, Seoul, and around July 10, 201.
"......"
However, in fact, the defendant was about KRW 25 million without any property or income, and was in a situation where he was unable to work for the said main office due to traffic accidents, and as he was urged to repay debts from creditors, he thought that he was to repay debts from the victim with a sense of identification. Thus, even if he borrowed money from the victim, he did not have the intent or ability to pay the debts.
As above, the Defendant, by deceiving the victim, received from the victim, KRW 1.7 million on July 13, 2018, ② KRW 2.25 million on July 16, 2018, and KRW 23.2 million on a total from July 16, 2018 to the Defendant’s account in the name of the victim and acquired it by defrauded.
2. Determination
A. Relevant legal principles 1) In a criminal trial, the finding of guilt should be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt. If there is no such proof, even if there is no doubt of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Determination as at the time of borrowing of the borrowed money should be made as of the point of time of borrowing. Thus, even if the defendant had the intent and ability to repay the borrowed money at the time of borrowing, it cannot be said that the existence of the crime of fraud is merely a non-performance of civil law, and it cannot be said that the crime of fraud is established, unless the defendant makes a confession.