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The defendant shall be innocent.
Reasons
1. On August 7, 2011, the summary of the facts charged is that the Defendant did not intend to use the money for construction order even if he/she borrowed money from the victim D, and even though he/she did not have the intent or ability to repay the borrowed money, he/she may order the victim to execute the construction order if he/she had no intention or ability to pay the borrowed money. Notwithstanding the fact, the Defendant, who was the first floor of the Seo-gu Seoul building, Seo-gu, Seo-gu, Gwangju (Seoul) borrowed KRW 20 million from the victim on September 7, 201, and was remitted from the victim as the borrowed money on September 7, 201.
2. Determination
A. The burden of proof for the criminal facts prosecuted 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 that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
I would like to say.
B. (See, e.g., Supreme Court Decision 2005Do8675, Mar. 9, 2006).
At the time of borrowing 20 million won from a victim from an investigative agency to this court, the Defendant stated that the victim was required to pay money in the name of the expenses for operating the Defendant’s office and the expenses for receiving orders for construction works, and that there was no deception by the victim.
C. The following circumstances acknowledged by the evidence adopted and examined by this court, namely, the victim himself/herself stated that “the defendant did not specifically specify the other party to the payment of the construction cost at the time”, and ② the defendant and the victim were aware of about 7 to 8 years as a person who runs the respective landscaping business, and the defendant prepared a written estimate of construction cost on behalf of the victim.