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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant: (a) around June 2008, at Dindo D’s house operated by the victim D in Busan, Seo-gu, Busan, the Defendant paid the victim the right to use G light festivals business in F Dong-gu, E; (b) the money is urgently needed to install a electric telegram for the supply of electricity; (c) if the money is lent, the Defendant would be repaid immediately after the beginning of the event at the beginning of the event.”
However, in fact, the Defendant, from April 2008, was a first person commencing the entertainment business with the trade name of H Co., Ltd. from around April 2008, and even if he did not know of the expenses and estimated profits necessary for the G event due to the lack of experience in holding the event, there was no guarantee of payment of profits. The Defendant was in the absence of the above H’s assets. The Defendant did not have the intent or ability to pay the profits normally even if he received
Nevertheless, on June 2008, the Defendant, by deceiving the victim as above, received cash of KRW 10 million from the victim who was affiliated with the Defendant, as the loan money in front of the above Kinn's house. On July 4, 2008, the Defendant acquired 40 million won in total by deceiving the victim under the same name as the new bank account in the name of the Defendant.
2. Determination
A. Fraud is established by deceiving others, making them omitted in mistake, making them receive property or gain pecuniary advantage from an act of disposal thereby. The conviction in a criminal trial should be based on strict evidence that leads to the judge to have a reasonable doubt, and even if there is no such evidence, it should be determined in the interests of the defendant even if there is a doubt that the defendant is guilty.
B. According to the evidence submitted by the prosecutor, the defendant's submission of the prosecutor's office may recognize the fact that he received KRW 40 million from the victim because he was urgently required to install a electric telegram in the light festival project called G in F mining in E, but the defendant received the above KRW 40 million from the victim.