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The accused shall dismiss an application for remedy by the applicant for remedy of innocence.
Reasons
1. Determination as to the fraud of the victim C
A. On May 29, 2016, the Defendant made a false statement to the effect that “The Defendant would return KRW 100 million around June 30, 2017 to the victim C, by investing KRW 100 million in the amount of KRW 12 million per month from the date of the wedding shooting,” in the E-style of the Defendant’s management, which is located in Osan City, around May 29, 2016, the Defendant made a false statement to the effect that “The Defendant would return KRW 100 million per month from the date of the wedding shooting.”
However, in fact, the instant towing right is originally held by F, and from around September 2016, the instant towing right is indicated as “H” in B’s indictment, but it is apparent that it is a clerical error.
(hereinafter the same shall apply)
Because of this, the entire amount of profits generated from the wedding shooting was acquired by F and B, and the defendant did not have the right to the profits from the wedding shooting right itself, and only the profits less than 5 million won per month were generated from the wedding shooting, and the defendant did not have the intent or ability to pay the victim the profits and the principal that he/she promised, even if he/she received an investment of KRW 100,000,000 from the injured party, even if he/she received an investment of KRW 100,000 from the injured party,
Accordingly, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim to the G bank account in the name of the Defendant.
B. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the evidence submitted by the prosecutor alone proves that the Defendant was 100 million won from the injured party without the intent or ability to properly pay the profits and principal promised to the injured party, and that the Defendant was 100 million won from the injured party without any intention or ability to pay the principal to the injured party.
It is difficult to see, and there is no other evidence to acknowledge it.
① Main contents of the instant contract.