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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On November 2, 2014, the Defendant made a false statement to the effect that “B, at the “B” coffee shop located in the Daejeon Sung-gu, Daejeon, the Defendant would newly construct and sell a house at that place, and then would sell KRW 200 million, including profits, within one year after selling the house.”
However, after concluding a contract to purchase the above land in KRW 150 million, the Defendant entered into a contract on July 23, 2014 with the ownership transfer on the Defendant’s name, but the land sale price was paid KRW 110 million out of the above land by obtaining a loan of KRW 80 million as collateral and paying KRW 70 million out of the above land, but did not pay the remainder of the land amounting to KRW 40 million. Thus, the Defendant and the victim have to pay KRW 10 million to E who introduced the Defendant and the victim, and there was no intention or ability to pay KRW 30 million within one year, even if they borrow money from the damaged person, and even if they borrowed money from the damaged person, they did not have any property or income, and there was no intention or ability to pay KRW 10 million within one year.
The Defendant received KRW 20 million from the victim’s account G in the name of the Defendant to November 3, 2014, KRW 50 million, KRW 25 million on November 6, 2014, and KRW 50 million on November 13, 2014, and received cash KRW 75 million on January 22, 2015, and received KRW 200 million on the pretext of investment.
2. Determination
A. In the relevant legal doctrine, the facts constituting an offense prosecuted in a criminal trial must be proven by the prosecutor, and the judge should be convicted with evidence having probative value sufficient to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the determination is inevitable.
B. 1) The Defendant is the forest land D from H on July 23, 2014.