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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Around November 17, 2012, the Defendant: (a) had no intent or ability to pay the drinking value; (b) had no intent or ability to pay the drinking value; (c) had 5,000 won and 55,000 won and 11: (d) he/she had the following: (a) he/she had the following: (a) he/she had the following: (a) he/she had the following: (a) he/she had the following: (b) he/she had the following: (c) he/she had the flu
2. 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 Defendant’s financial history, environment, details and details of the crime, and the process of transaction before and after the crime, unless the Defendant is led to the confession (see, e.g., Supreme Court Decision 94Do2048, Oct. 21, 1994). Meanwhile, the conviction should be based on evidence with probative value that leads to a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine the Defendant’s interest, and the same applies
(see, e.g., Supreme Court Decision 2004Do74, May 14, 2004). According to the health department’s records as to the instant case, the fact that the Defendant, as recorded in the facts charged on November 17, 2012, issued an order for alcohol and alcohol at the Eju shop operated by the victim (hereinafter “instant main shop”) and did not pay the price in the relevant place is recognized.
However, the following circumstances revealed by the evidence duly adopted and investigated by this court, namely, ① the Defendant appears to have continuously raised income while engaging in real estate brokerage business, and ② the Defendant was taking an order for alcohol and alcohol at the main station of this case seven to eight times from October 2012, 201 to the date of this case, except for a police officer among them.