beta
Text
The defendant dismissed the application for compensation filed by the applicant for compensation.
Reasons
1. The summary of the facts charged in this case is as follows: while the Defendant was operating “E” as an advertising source manufacturer in the area of Cheongju-si, the Defendant entered into an agency contract with the victim, namely, the advertising source sold in “E,” and the victim C did not have an intent to grant the victim C with a nationwide business right without any restriction on the area of sales. However, on July 17, 201, the Defendant’s product is an advertising source that generates the victim’s own luminous product at the above E office, “Korea company products are an advertising source that generates light without power consumption at a place different from the existing product,” and “I will grant a national business right without restriction on the area of sales.” The Defendant acquired it by fraud with the victim, namely, by signing an agency contract with the victim, by acquiring KRW 7 million as a security deposit.
2. The defendant asserts that the defendant is not guilty on the ground that the advertising board did not make a false statement to the victim that the advertising board would give the victim a widening product by itself, or that it would give a nationwide goodwill without any restriction on the sales area.
3. Determination
A. The establishment of facts constituting a crime ought to be based on strict evidence with probative value, which leads a judge to have no room for reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the degree of such conviction, it should be determined in the interests of the defendant even if there is suspicion of guilt.
B. According to the following facts and circumstances, the evidence duly adopted by this court and recognized by the evidence and records, the evidence presented by the prosecutor, including the victim C’s investigative agencies and court statements and records, is insufficient to view that the facts charged have been proven by evidence with probative value to the extent that there is no reasonable doubt as to the facts charged.
1. The victim;