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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal and the Defendant and C Co., Ltd. (hereinafter “C”) operated by the Defendant were liable to pay KRW 6.8 billion to the National Bank from April 201 to the new bank, and there was a delay in interest amounting to a considerable amount of KRW 400 million from November 201. Since July 2011, C was in arrears with wages to the employees of C from July 201, and the construction works carried out at other sites at the time do not normally proceed. Thus, even if the victim completed construction, there is sufficient evidence to prove that the Defendant did not have the intent and ability to pay construction cost of KRW 15.0 million, the judgment of the court below which acquitted the Defendant on the ground that there was insufficient evidence to support this, which affected the conclusion of the judgment.
3. Determination
A. The intent of defraudation, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account 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 makes a confession.
In a criminal trial, the burden of proof for the facts constituting an offense charged is to be borne by the public prosecutor, and the conviction shall be based on evidence with probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a doubt as to the defendant's guilt, the interest of the defendant should be determined even if there is a doubt as to the defendant's guilt. This also applies to the recognition of the criminal intent, which is a subjective
(See Supreme Court Decision 2012Do6011 Decided August 23, 2013, etc. (see, e.g., Supreme Court Decision 2012Do6011, Aug. 23, 2013). (b) The lower court stated the grounds for innocence in detail in
C Around April 201, 201, around 201, 40 sub-contractors, after being awarded a contract for the construction of an Odu factory in amount to KRW 2 billion from around 200,000,000.