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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case was, on November 1, 2018, the Defendant, at the Hando Forest Business Office (hereinafter referred to as the “instant business office”) located in B during the Jeju War (hereinafter referred to as the “instant business office”), by deceiving the victim D to pay transport expenses when transporting the freight, and by inducing the victim D to transport the freight from the Jeju around December 30, 2018, and by allowing the victim to transport the freight from the Jeju around February 30, 2018, from that time to February 1, 2019 as indicated in the list of crimes in the attached Table, the Defendant acquired pecuniary profits equivalent to KRW 10,031,127, total transport expenses from that time.
2. Determination
A. In a criminal trial, the burden of proving the facts constituting the crime prosecuted is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true enough to have no reasonable doubt. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.
Even if there is no choice but to judge the interests of the defendant.
B. Comprehensively taking account of the evidence duly admitted and examined by this court, the evidence submitted by the prosecutor alone is insufficient to acknowledge “the defendant deceivings the victim without the intention or ability to pay transport expenses and let the victim transport the cargo,” and there is no other evidence to acknowledge otherwise.
1) The victim received the allocation of cargo at the instant place of business, and transported the cargo to the land and the owner. The structure of the victim is to pay the remainder of money after deducting the cost of the vessel and the fee of the place of business to be borne by the owner of the said place of business from the cost of transportation. 2) The victim began to transport the cargo at the instant place of business from November 2018 to December 28, 2018, and was paid the transportation cost of the cargo transported from the first place of business.