beta
Text
The defendant shall be innocent.
Reasons
1. On May 201, the summary of the facts charged reveals that the Defendant: (a) at the Defendant’s house in Gwangju-si, Gwangju-si, 101dong 1520, and the fact that the amount of membership in the name of the Defendant is KRW 5,00,000,000,000 for E golf club membership (hereinafter “instant membership”) under the name of the Defendant Company D (hereinafter “D”); (b) although the deposit was paid to KRW 5,00,000,000,000,000,000,000,000,000 won, the Defendant made a false statement to an employee who is unable to know the name of the Plaintiff’s Sewon golf Exchange by telephone; and (c) “The number of shares sold in the name of the Plaintiff is 5,00
Accordingly, the above employee was delegated by the Defendant to sell and purchase the instant membership, and the Defendant received 3.8 million won, around May 11, 201, from the victim F, who expressed his intention to purchase through the Central Membership Exchange, via the Plaintiff’s account in the name of the purchase price for the instant membership, and KRW 3.4.2 million around May 20, 201, respectively, from the victim F to the D account via the Plaintiff’s account in the name of the purchase price for the instant membership.
Accordingly, the defendant deceivings the victim, thereby deceiving 38 million won.
2. The assertion and judgment
A. The defendant and his defense counsel did not intend to commit fraud because the sale of membership of this case was made after the defendant resigned from the representative director of D, and the defendant was aware that the sale price of membership of this case was fully paid.
The argument is asserted.
B. The facts charged in a criminal trial must be proved 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. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decisions 2002Do562, Dec. 24, 2002; 2003Do3455, Sept. 2, 2003).
He returned to the instant case, and examined the case, and witness G, H, I.