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The defendant shall be innocent.
Reasons
1. The Defendant’s summary of the facts charged is necessary to pay money to the victim D to run a casino business in Makao, in the mutual infacos shop located in Gangnam-gu Seoul Cheongdamdong, Gangnam-gu, Seoul, on December 2, 2011.
The loan of KRW 100 million shall be repaid one year after the loan, and the interest shall be paid two million won per month.
“False speech was made to the effect that it was “.”
However, in fact, the Defendant had no intention to engage in casino business on the ground that he thought that he was able to refund the borrowed money.
In addition, on December 201, the defendant did not have any special property under the name of the defendant and did not have certain income, while he did not have any intent or ability to repay the money borrowed from the victim's property in view of the defendant's property status, such as monthly living expenses, etc.
Nevertheless, on January 25, 2012, the Defendant received KRW 100 million from the injured party to the bank account with the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
2. In a false criminal trial for conviction, the conviction ought to be based on evidence of probative value, which leads to the judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true. Thus, in a case where the prosecutor’s proof does not sufficiently reach such a degree that such conviction would lead to a conviction, the determination ought to be made in the interest of the defendant even if he/she was suspected of guilt (see Supreme Court Decision 2013Do13416, Jul. 24, 2014, etc.). In light of such legal principles, considering the following facts and circumstances acknowledged by the evidence duly adopted and duly investigated by the court, the evidence submitted by the prosecutor alone did not have the intent or ability to repay from the injured party at the time of borrowing KRW 100 million from the injured party, or it is recognized that the defendant made a false statement as stated in the facts charged by the victim.