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Defendants are not guilty.
Reasons
1. Facts charged;
A. On April 12, 2011, Defendant A made a false statement to the victim H through B at the Newly-built Gtel’s site office in Gwangju Mine-gu, Gwangju Metropolitan Government, stating, “If the construction is scheduled to be carried out at present, and if the construction is completed up to 3 floors, the Defendant will receive bank loans and offer them for electrical construction.”
However, the Defendant was trying to take over and carry out the above officetel construction, but it was difficult to carry out the construction due to the lack of the ability to purchase the construction site or prepare the construction cost equivalent to 1.6 billion won, so even if he borrowed money from the injured party, the Defendant did not have the intent or ability to receive the loan
The Defendant received from the injured party KRW 10 million on the same day.
Accordingly, the defendant was given property by deceiving the victim.
B. Defendant B, at the time, at the time, at the place specified in the above paragraph A (a) above, concluded that “A currently continues to construct an officetel, and if the construction is completed to the third floor, the Corporation borrowed KRW 20 million, the Defendant B would obtain a bank loan and offer a new construction and have it be entrusted with electrical construction.”
However, the defendant delivered 10 million won to A as described in the above A, and the remaining 10 million won was thought to be used at will by himself.
The Defendant received from the injured party a delivery of KRW 16 million on the 16th of the same month.
Accordingly, the defendant was given property by deceiving the victim.
2. In a judgment of conviction in a criminal trial, the conviction must be based on strict evidence of probative value, which leads a judge to a reasonable doubt, to such a degree that there is no room for doubt, and if there is no such evidence, there is suspicion of guilt against the defendant.
Even if there is no choice but to judge the interests of the defendant.
A. First, among the facts charged in the instant case, Defendant A’s fraud.