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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On February 10, 2015, the Defendant: (a) connected the Defendant’s residence to the Daegu Northern-gu building C, Daegu Northern-gu, the Defendant posted a notice of 4 mobile phone sales when gallon-gu, the Internet website “China-gu”; and (b) made a false statement to the victim D, who reported and contacted this notice, stating that “When transferring KRW 1.50,000,000,000,000,000,000 won, would sell S4 mobile phone at the normal gallon when transferring it to
However, in fact, the Defendant had no intention or ability to sell the mobile phone normally operated by the victim even if he/she receives money from the victim, because the Defendant thought that he/she would sell the mobile phone that does not transmit to the other party the voice of the user.
As such, the Defendant, by deceiving the victim, received 150,000 won from the company bank account (number E) under the name of the Defendant as the sales proceeds of mobile phones from the victim and acquired it by transfer.
2. Determination
A. The defendant and his defense counsel asserted that the defendant thought that the portable phone will work properly, and only sold it to the complainant, and that there was no deception against the complainant.
B. The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction shall be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the interest of the defendant shall be determined (see Supreme Court Decision 2002Do6110, Feb. 11, 2003, etc.).
According to the evidence duly adopted and examined by this Court, the complainant was found to have no error in reporting and using the writing on the national bulletin board around February 10, 2015, and was deposited KRW 150,000 from the Defendant after paying out KRW 1.5 million to the Defendant.