The defendant shall be innocent.

1. The summary of the facts charged is C’s representative director who carries on cleaning business of beer machinery using the brand called “B”.

On October 30, 2016, the Defendant made a false statement to the effect that “When paying franchise fees, the Defendant would enable the victim to open and operate the C Daegu and the Gyeongbuk Branch.”

However, even if the Defendant received money from the injured party under the pretext of the franchise, the Defendant did not have any intent or ability to establish and operate the Daegu and North Korean branch office as above.

As such, the Defendant, by deceiving the victim, wired the victim’s total sum of KRW 50 million to the E bank account under the name of the Defendant on November 1, 2016, KRW 1,250,000,000 on November 25, 2016, KRW 500,000 on January 2, 2017, KRW 1,000,000 on February 20, 2017, and KRW 50,000,000,000 on March 13, 2017, to a third party under the name of the Defendant.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction shall be based on the evidence with probative value that makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined as the benefit of the defendant (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). B.

It is difficult to readily conclude, and there is no other evidence to acknowledge it.

① The Defendant entered into a contract with a “F Limited Company”, which has its head office in Austria, to be supplied with crypists and beverage pipes for washing.