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The prosecutor's appeal is dismissed.
Reasons
1. The court below found the Defendant not guilty of the facts charged of this case, notwithstanding the fact that the Defendant was not able to pay the price in review of bankruptcy, by deceiving the victim D and receiving the meat through supply, even though he did not have the ability to pay the price.
2. Determination
A. The same is to conclude that the intent of fraud exists on the sole basis of the fact that, in the course of a transaction conducted in the course of carrying out the project, where a part of fraud in relation to the corporate manager is at issue, because the corporate body was at the time of the transaction, because the corporate body was at the time of the transaction, and thus, could have predicted that the corporate body would be able to be able to be able to go bankrupt according to the circumstances.
Therefore, even if the company manager was able to recognize the possibility of nonperformance under the Bankruptcy Act, it should not be concluded that there was an intentional crime of fraud if he/she believed that such a situation was likely to be avoided, and that there was an intent to endeavor to perform the contract (see, e.g., Supreme Court Decisions 2001Do202, Mar. 27, 2001; 2015Do18555, Jun. 9, 2016). The burden of proof for the criminal facts prosecuted in a criminal trial lies on the prosecutor, and the recognition of guilt ought to be based on evidence with probative value that leads to the judge to prove that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the Defendant even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2010Do9633 Decided November 11, 2010, etc.). B.
According to the evidence duly adopted and examined by the lower court and the lower court, C (hereinafter “C”) who was operated by the Defendant filed a petition for bankruptcy on or around August 30, 2016 and was declared bankrupt on or around September 27, 2016, and the Defendant’s land from D.