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The defendant is innocent.
Reasons
1. From the end of June 2016 to the beginning of July 2016, the Defendant: (a) entered into a business agreement with D during the Ansan-si period with D; and (b) formed a regional housing association with D to promote the new housing construction project; and (c) made a deposit of KRW 10 million for the sum of KRW 5 million per unit subscription and KRW 5 million per unit, and KRW 5 million for the premium; and (d) filed an application for membership with the members, the Defendant may have the right to sell the membership; and (e) if the housing promotion center is open for two months after the opening of the housing promotion center, the Defendant would sell the premium with KRW 20 million in the right to sell the membership and KRW 30 million with the same content to the victim G and the victim H.
However, there is a separate association promotion committee in the above field, and even if the defendant receives money from the victims as the price for the right to sell the land, there was no intention or ability to allow the victims to acquire the right to sell the land normally or sell the profit by attaching the profit of 20 million won to 30 million won.
Around July 27, 2016, the Defendant, by deceiving victims, received 100 million won each in total from the Defendant’s I account from the victims to the Defendant’s I account each under the name of five sale rights and acquired them by deceit.
2. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes a judge sure that the facts charged are true enough to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a doubt that the defendant is guilty, it cannot be determined with the benefit of the defendant.
(See Supreme Court Decision 2010Do9633 Decided November 11, 2010, etc.). B.
In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant.