The defendant shall be innocent.

On August 23, 2017, at a place where a location is unknown, the Defendant sent a telephone to the victim B, and thereby, caused the loss of money due to lack of money in making an application for a tourist bus, and made it urgent to pay the money at this time. On the loan of money, the Defendant made a false statement that “The Defendant would pay the principal after two years after the purchase of the bus with the money, thereby establishing a collateral security on the bus and paying the interest of KRW 370,000 won per month.”

However, in fact, the Defendant purchased bus and intended to receive C Co., Ltd. (hereinafter “Nonindicted Company”) as the owner, but was already aware that the Defendant had been employed in the said Company as a monthly newspaper, and thus, the said Company did not create a right to collateral security on a bus newly inserted in the said Company, and was not capable of paying the borrowed money due to the lack of other assets.

Nevertheless, around August 25, 2017, the Defendant, by deceiving the victim as above, obtained money of KRW 88 million from the victim to a bank account under the name of the Defendant (E) and acquired it by deceiving the victim.

Judgment

First of all, whether the defendant was aware of the non-party company's policy in advance, whether the defendant was aware of the non-party company's personal obligation of the non-party company (hereinafter "the non-party company's policy") in advance.

Since the defendant worked as a bus article directly operated by the non-party company from March 2016, it is true that the non-party company's policy was known, and even if not, it is true that the defendant could have sufficiently confirmed it in advance to the person in charge of the non-party company and confirmed it.

However, the burden of proving the facts charged in the criminal trial is the prosecutor, and the conviction is reasonable.