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The defendant shall be innocent.
Reasons
1. The Defendant in collusion with C on August 2015, 2015, the Defendant refers to the Defendant, “A shall offer 20% of the investment amount to the Defendant as an allowance,” and the Defendant, around August 25, 2015, operated by the victim E (W, 55 years old) on the third floor of the D Building in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, in a cosmetic shop, “C president is a company that mainly receives government-funded construction and pays profits, and a substantial entity is obviously believed.
If an investment of KRW 10 million is made, the principal and interest shall be paid in installments over five weeks each week in the amount of KRW 2.6 million.
The phrase “investment is made because it is possible to pay a large amount of money.”
However, C did not have any income through the operation of the Stop site, and even if receiving money from the injured party, C only planned to use it for the repayment of the existing debt, and there was no intent or ability to pay the dividend for the investment as above.
Nevertheless, the Defendant, as such, by deceiving the victim and receiving from the victim the transfer of KRW 10 million to the bank account in the name of G on August 25, 2015, at the time of the transfer from the victim to the bank account in the name of G on August 25, 2015, received the total amount of KRW 150 million from September 23, 2015 to nine times, such as the list of crimes in the attached list.
2. Determination
A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, should be determined by comprehensively taking into account the objective circumstances, such as the financial history, environment, details and details of the crime, and the process of transaction, of the accused, etc. before and after the crime, insofar as the accused does not make a confession (see Supreme Court Decision 94Do2048, Oct. 21, 1994, etc.). Meanwhile, the conviction should be based on evidence with probative value that makes the judge feel true to the extent that there is no room for a reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the accused, it is inevitable to determine it as the interest of the accused, and this is also