The defendant shall be innocent.

1. The summary of the facts charged is that on December 8, 2009, the Defendant: (a) did not have an intent or ability to purchase a vehicle to the victim D in front of the Busan Southern-gu C University; (b) obtained 5.5 million won from the victim as the purchase price of the vehicle, and acquired it by deception.

2. The facts constituting an offense prosecuted in a criminal trial should be proven by the prosecutor, and the judge should be convicted with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the interests of the defendant should be determined.

As evidence consistent with the facts charged in this case, there are the suspect interrogation protocol of the defendant and the prosecutor's protocol of statement of the police against D, but each of the above evidence is acknowledged by the witness D's legal statement and the records of this case, namely, D's first request the defendant to have the vehicle, and it appears that the defendant would have paid the money in the name of the purchase price of the vehicle, the defendant would have received the loan from the defendant on the ground that he delivered the vehicle purchase price to the defendant, and D would have received the loan from the defendant on the ground that he received the vehicle purchase price from the defendant on the ground that he delivered the vehicle to the defendant, and D received the vehicle purchase price from the defendant to E who was known in this court, and received a contact with the defendant to request the vehicle within several days. As the defendant's change, it cannot be ruled out that the defendant received the money from the victim with his intention to get off the vehicle, and that the defendant would return the vehicle to the victim if he did not request the vehicle.