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The defendant shall be innocent.
Reasons
1. The summary of the facts charged of the instant case is that the Defendant, who was engaged in the clothing sales business on February 2, 2013, paid the cost of supply to the victim F (name before opening names: G) in Jung-gu Incheon, Jung-gu, Incheon, and the “I” clothes that H had engaged in, as well as the victim F, by offering clothes on credit to the victim F and selling Jeju-do and clothes and receiving sales proceeds.
“.....”
However, at the time, the Defendant had a large amount of liability for financial institutions, such as mutual savings banks, and a large amount of liability for goods worth KRW 50 million, and a large amount of delinquent tax exceeding KRW 70 million, and the Defendant had been operated by the Defendant.
Since there are circumstances such as unpaid wages owed to the employees who worked in five clothing stores, there was no intention or ability to pay the amount to the victim even if the victim received clothes from the injured party.
Nevertheless, the Defendant, by deceiving the victim, received clothes equivalent to KRW 127 million at the market price from the injured party and did not pay KRW 90 million among those clothes, thereby acquiring property benefits equivalent to the same amount.
2. Determination:
A. In a criminal trial, the conviction in a criminal trial ought to be based on evidence having probative value, which leads to the judge to have a conviction that is beyond a reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the degree to have such conviction, the determination ought to be made on the part of the defendant even if he/she was suspected of guilt (see, e.g., Supreme Court Decision 2011Do15767, Feb. 13, 2014). (b) In light of the following circumstances, the evidence submitted by the prosecutor alone, based on the evidence submitted by the prosecutor, proves that the facts charged in the instant case was beyond a reasonable doubt.
It is difficult to see, and there is no other evidence to acknowledge it.
(1)