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The defendant shall be innocent.
Reasons
1. Around November 14, 2010, the Defendant stated that “The likelihood of being elected by the president of the H Association in December 2010 is 100%” to the victim E representative director F and investors G at the office D office located on the third floor of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the third floor of the facts charged is 10%. When the president is inside, the Defendant falsely stated that “I film festivals and J film festivals will be returned immediately if his election is not held.”
However, the fact was that the defendant was not elected as the president, and the defendant did not have any particular income as a bad credit holder, and the office rent used was in arrears, and the defendant was instructed to demand repayment, and thus, he was thought to be used for the repayment of debt even if he received money from the victim, and there was no intention or ability to refund the deposit when the victim did not have the right to proceed with the film festivals or it was impossible to do so.
Around November 18, 2010, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the national bank account under the name of the Defendant, KRW 20 million to the same account around November 30, 2010, and KRW 10 million to the same account around December 10, 2010, and received KRW 50 million in total from the victim to the same account around December 10, 201.
2. Determination
A. Whether a crime of fraud is established shall be determined at the time of the act, and it shall not be punished for a crime of fraud on the ground that the defendant's failure to perform his/her duty may not result in changes in economic conditions after the act
(See Supreme Court Decision 2008Do5618 Decided September 25, 2008, etc.). In addition, the burden of proof for the subjective elements of the crime prosecuted lies on the prosecutor, and the conviction is based on the evidence of probative value that leads a judge to the conviction that the facts charged are true to the extent that there is no reasonable doubt. As such, such evidence should be proven.