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Of the facts charged in the instant case, not guilty. The prosecution against insult among the facts charged in the instant case is dismissed.
Reasons
The acquittal portion
1. A summary of the facts charged at around 05:00 on October 31, 2013, the Defendant, in collusion with C and D, obtained pecuniary benefits equivalent to the amount of the charges, by failing to pay the price to the victim, even though the victim did not have any intent or ability to pay the price normally even if the victim was provided with alcohol, alcohol, etc. from the victim, even though he did not have any intent or ability to pay the price, the Defendant did not pay the price to the victim under the order of B and B, B, B, A, and B, which is equivalent to KRW 395,00,00 in the market price.
2. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history, environment, details and details of the crime, and the process of transaction before and after the crime, unless the Defendant is led to the confession (see, e.g., Supreme Court Decision 94Do2048, Oct. 21, 1994). Meanwhile, the conviction should be based on evidence with probative value that leads to a judge to have a conviction that is sufficient to have a reasonable doubt that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine the Defendant’s interest, and the same applies
(see, e.g., Supreme Court Decision 2004Do74, May 14, 2004). According to the health department’s records as to the instant case, it is recognized that the Defendant, along with his daily behaviors, ordered alcohol and alcohol to the main place operated by the victim, and did not pay the price on that place.
However, according to the evidence duly adopted and examined by this court, the defendant started drinking with H, C, and D and entered the main points operated by the victim at around 5:00 new walls, and the defendant entered the main points of the victim prior to the instant case.