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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant: (a) from November 22, 2014 to November 22, 2016, the Defendant was running a fraternity of KRW 10,000,000 (hereinafter “22-day fraternity”); (b) the Defendant did not have any particular income at the time; (c) the Defendant opened two accounts in the said 22-day fraternity and already received KRW 20,000,000 from the said 25-day account; and (d) the Plaintiff did not receive any more deposits from the said 25-day account on March 2016; and (e) the Plaintiff did not receive any more than 25-day deposit from the victim’s intent or 24-day deposit because some of the KRW 140,000,000,000,000,000 won, which was first used as a cardio-Japanese blood transfusion; and (e) the Defendant did not receive any deposit from the said 25-day account from the victim’s intent or 25-day deposit.
Nevertheless, on April 22, 2016, the Defendant, without notifying the victim D of such fact, received KRW 800,000 from the victim D to his own bank account (G) and acquired the same through deception from the victims from around that time to October 21, 2016, including the transfer of KRW 6,80,000 from the victim to his own bank account.
2. The defendant and his defense counsel did not have any intention or unlawful acquisition of the defendant.
The argument is asserted.
In a criminal trial, the burden of proof of criminal facts exists with the prosecutor, and the conviction should be based on evidence with probative value, which makes the judge sure that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, the interest of the defendant should be determined (see, e.g., Supreme Court Decision 95Do3081, Mar. 8, 1996). According to the health care unit and the evidence in this case.