The defendant shall be innocent.

1. The Defendant: (a) around December 5, 2011, at the clothes sales store “E” operated by the victim D located in Sungnam-si, Sungnam-si; (b) the Defendant was suffering from credit cards with no fixed income; and (c) the Defendant was obligated to pay KRW 60 million to the victim who was a member of the number fraternity already operated; (d) the Defendant was 40 million with the first priority of the number fraternity, including the obligation to pay the total amount of KRW 40 million; and (e) the Defendant was not able to pay the total amount of KRW 40 million with the total amount of KRW 500,000,000,000,000,000,000,0000 won from each of the above victims; and (e) even if some of the senior members did not receive the total amount of KRW 40,000,000,000,000 from each of the above victims, the Defendant received the total amount of KRW 500,00,00,000.

Unlike the above facts charged, the sum that the defendant received from the complainant D as a guidance deposit is KRW 33 million, and the sum that the defendant received from the complainants as a guidance deposit is KRW 127.5 million.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value that makes a judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant (see Supreme Court Decision 100Do11, Oct. 11, 2012).