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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On April 201, the Defendant, at the office of the victim’s social welfare foundation D (hereinafter “D”) located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government C building 503 (hereinafter “E”), made a false statement to the effect that “If the Defendant did not intend to transfer the ownership of the instant land, F, G land (hereinafter “C”) and its ground building (hereinafter “the instant building”) owned by the Defendant from D, the Defendant acquired the purchase of real estate owned by E, who is an interest in social welfare services, from D, to pay rent again if it would be leased.” The Defendant acquired the purchase price of KRW 50 million from D on the 26th of the same month.
2. Determination
A. The conviction of the relevant legal doctrine ought to be based on evidence with probative value, which leads to a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine it as the benefit of the defendant. The same applies to the recognition of the criminal intent, which is a subjective element of fraud.
(1) The establishment of a crime of fraud shall be determined at the time of such act, and the establishment of a crime of fraud shall not be determined as at the time of such act, on the ground that the contract was not realized due to changes in economic conditions after such act, etc., and that it was put in the state of nonperformance due to the change in economic conditions, etc., the establishment of a crime of fraud cannot be determined as at the time of such act.
(See Supreme Court Decision 97Do249 delivered on April 11, 1997, and Supreme Court Decision 2001Do202 delivered on March 27, 2001, etc.). B.
The following circumstances are acknowledged by the evidence duly adopted and investigated by this court as to whether the defendant had the intention to transfer the ownership of the land and building in this case.