The defendant shall be innocent.

1. Around March 10, 2010, the summary of the facts charged stated that the Defendant, at the victim D’s office located in the Gangnam-gu Seoul Metropolitan Government Seoul building, developed the Gangwon-do E and F land (hereinafter “E and F land”) from the victim’s office, he/she may collect a huge amount of soil and sand, and that the Defendant would transfer the said business right to KRW 360 million by universal transfer.

However, the Defendant did not possess the source of proof of the actual user to obtain authorization or permission for collecting earth and stones, and since the above land was restricted in collecting earth and stones, there was no intention or ability to transfer the business right with the above permission for collecting earth and stones even if he received money from the injured party.

On March 12, 2010, the Defendant, by deceiving the victim, received KRW 16 million in total from the victim to the account under the name of G (State) as the contract deposit for comprehensive transfer transfer of business on March 12, 2010, and acquired the victim by remittance of KRW 6 million with the survey design cost on the same day.

2. Determination

A. The burden of proof for the facts constituting an offense prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt for guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). (b) Evidence directly consistent with the facts charged may be proved as follows: ① if the defendant develops E or F land to D around March 10, 2010, he/she may recover enormous volume of soil and stones and receive permission for the extraction of soil and stones from 100%.

D’s statement to the effect that “D was collected,” ② “D verified a receipt of permission for the collection of earth and stones to the Defendant, and paid the down payment of KRW 100 million out of the acquisition price of the above business right, and accordingly, applied for authorization for the collection of earth and stones from the Defendant’s side on March 12, 2010.