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The accused shall announce the summary of the judgment of innocence.
Reasons
1. Around September 2016, the summary of the facts charged reveals that “E”, the Internet site “D,” which was contacted by the Defendant in the Yeonsu-gu Incheon building B and the Defendant’s residence, was sent from the Defendant to another account, “E” and the Defendant, who received a proposal, sent the F Account Number (G) in the name of the Defendant to the said E.
The Defendant received KRW 540,000, and KRW 210,000, and KRW 210,000, which was remitted by the victim H to the said F account on September 23, 2016; KRW 1,000,000, which was remitted to the same account on or around the 26th day of the same month; KRW 6,000,000, which was remitted to the same account on or around the 27th day of the same month; KRW 5,000,50, which was remitted to the same account on or around the 29th day of the same month; KRW 5,000,000, KRW 4,99,500, and KRW 3,101,000, and KRW 21,851,000, which was remitted to the same account on or around the 29th day of the same month; and embezzled at his own discretion, in order to have the victim consumed and embezzled it.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by this court, the Defendant received a remittance No. 1 as stated in the facts charged, and informed E of his account number, etc., and transferred the money transferred to the said account to another account at the request of E, and H has remitted the said money to the account indicated in the facts charged in the Defendant’s name in the investment-related deception, such as I (Jate E). The Defendant transferred the money transferred from H to H in the name of “H,” while the money transferred from H was transferred to the account indicated in the facts charged.
According to the above facts, although H appears to be in the position of the defendant in the custody of the remitted amount, it does not have been remitted without any mistake or any cause, but it was caused by H’s act of disposing of the transfer of account from I, etc., and ② Fraud committed against H against the remitter.