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The defendant shall be innocent.
Reasons
1. Around June 15, 2009, the Defendant: (a) around September 15, 2009, on the first floor restaurant of “D” Mado-gun, Jeonnam-do-gun; (b) concluded that “D” Mado-gun would sell the restaurant and Mado-type to the victim E around September 201; (c) by September 30, 2010, the Defendant borrowed KRW 30 million in full.”
However, at the time, the Defendant purchased the above restaurant and Moel (hereinafter collectively referred to as “the instant Moel”) together with his mother and sold the instant Moel due to the financial loan and provisional attachment of the equivalent amount, even if he sold the instant Mour, he did not have any intent or ability to complete payment even if he borrowed money from the victim because there is little money to the buyer.
The defendant deceivings the victim as such, and he obtained 30 million won from the victim and acquired it by fraud.
2. The defendant and his defense counsel's assertion that F will take over the defendant's mother of this case to repay the borrowed money to the victim, but did not pay the mother of this case properly, and eventually, the mother of this case was sold to a third party, but it was insufficient to fully repay the debt to the victim with the purchase price, and there was no criminal intent to commit fraud.
3. The intent of the crime of defraudation, which is a subjective constituent element of the judgment of fraud, is to be determined by comprehensively taking account of the objective circumstances such as the financial history, environment, details and contents of the crime before and after the crime, and the process of transaction execution, unless the defendant is led to confession
In addition, the conviction should be based on evidence of probative value, which leads a judge to have a conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt about the defendant's guilt, it should be determined in the interests of the defendant, which is a subjective element of fraud.