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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is the president of the D Association (hereinafter “Association”), who was in charge of managing and executing funds of the Association, and the victim E is the investor who invested funds in the Association through the Defendant.
On August 18, 201, the Defendant called the victim at a scarcity in Busan (hereinafter referred to as the "Scar") around 14:00 on August 18, 201, and entered into a sub-lease contract for the use of part of the partnership office.
A sub-lease shall send KRW 20 million in total of KRW 15 million and KRW 5 million in interior expenses.
different types.
“A false statement” was made.
However, since the defendant did not pay KRW 25 million out of the lease deposit to the association office at the time, he tried to use the money received from the injured party as the lease deposit to the lessor F. The defendant did not intend to conclude a sublease contract with the injured party. Even if the sublease contract was not concluded, he did not have the intent to return it to the injured party or to keep it out of accounts with the victim's contribution so that the injured party can return it later.
Nevertheless, on August 19, 201, the defendant deceivings the victim as above and acquired 20 million won from the victim to the Busan bank account in the name of the union around August 19, 201.
2. Determination
A. The burden of proof of criminal facts prosecuted in a criminal trial shall be borne by the prosecutor, and the conviction shall be based on evidence with probative value, which makes a judge sure that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant's guilt, it shall be judged as the benefit of the defendant (see, e.g., Supreme Court Decisions 2006Do1716, May 26, 2006; 2007Do163, Nov. 30, 207). B. Then, the following is acknowledged by the records of this case.