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The defendant shall be innocent.
Reasons
1. Around 15:00 on September 26, 2016, the Defendant stated that “A victim C is completed at the construction site located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the Defendant completed the construction if the completion document is incorporated into the Taean-Gun Office and only this money is paid, and the construction is completed as soon as possible. Upon completion, the Defendant may grant a loan and offer money. Accordingly, the Defendant will then grant the principal amount of KRW 5 million and a dividend of KRW 1 million.”
However, even if the Defendant received the above money from the victim, he was trying to consume it for personal debt repayment, such as the Defendant’s wife’s living cost and Chinese flight tag value, and at the time, the Defendant was unable to pay the balance of the purchase price of land for construction of penta in bad credit standing, and the Defendant did not have any intent or ability to pay the principal and dividends to the victim even if he completed the penta construction work, since the financial status of three employees, such as workers E, working at Yyang-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, in the course of personal construction business, was sharply aggravated due to a sudden aggravation of financial standing, such as being punished for the violation of the Labor Standards Act, and even if he completed the penta construction work, he did not have any intent or ability to pay the principal and dividends to the victim.
Nevertheless, on September 27, 2016, the Defendant, by deceiving the victim as above, received five million won from the victim through the agricultural bank passbook (F) in the name of the Defendant, and acquired it by fraud.
2. The Defendant alleged that the Defendant did not deception C as stated in the facts charged, and C would have invested KRW 5 million in the pention Corporation upon completion of the sale of the pention.
3. Determination
A. The prosecutor bears the burden of proving the facts charged in a criminal trial, and the conviction is the judge.