beta
Text
The defendant is innocent.
Reasons
1. On April 2012, the Defendant stated that “A” under the trade name “C” in Songpa-gu Seoul, Songpa-gu, Seoul, imported agricultural products at low prices to the victim D and would make a big profit to distribute them at low prices in the Republic of Korea. When investing money, the Defendant would pay a minimum of five million won per month.
However, at the time, the defendant was operating the Internet gambling site as a bad credit, and even if he was paid the investment money from the injured party, he thought that most of the money would be used as the operating cost of the Internet gambling site, so there was no intention or ability to pay the profits from the investment money to the injured party through the income and distribution of low-price agricultural products from China.
Ultimately, the Defendant, as seen above, received KRW 10 million from the victim to the F bank account in the E’s name around April 27, 2012 from the victim, and received KRW 59,30,000 from the victim to May 23, 2012, a total sum of KRW 7 times as investment money for the import and distribution of agricultural products, such as the list of crimes, from the victim, from around seven times in total.
2. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction should be based on the evidence with probative value that makes a judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if the defendant is suspected of guilty, the interest of the defendant should be determined as the interests of the defendant (see Supreme Court Decision 2010Do9633, Nov. 11, 2010, etc.). Furthermore, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the defendant received investments from the injured party for the income of agricultural products, and actually imported agricultural products from China as partial investments.