The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. The summary of the facts charged in the instant case is that the Defendant, at the coffee shop located in Daejeon Sung-gu Daejeon, Daejeon, the Defendant, on May 2016, 201, transferred the store to another place due to the expiration of the contract period.

In order to enter the fireworks in E commercial buildings, lease deposit is necessary.

If the lease deposit is lent KRW 45 million, the lease contract was concluded in the joint name, and the fireworks were operated for six months, and the lease deposit is returned again and repaid.

However, the defendant did not have the intent or ability to return the rental deposit to the victim after the termination of the lease contract, as the obligation of the defendant at the time reaches KRW 170 million, and the state of the enemy continues even after the operation of the fireworks.

On June 10, 2016, the Defendant received delivery of KRW 44.6 million from the damaged party’s account to the F Association account of (State) EE corporation F Association designated by the Defendant, and received remittance of KRW 400,000 to G H account in the name of G.

After all, the defendant was given property by deceiving the victim.

2. Determination

A. The finding of guilt ought to be based on evidence with probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it is inevitable to determine it as the benefit of the defendant, and the same applies to the recognition of the criminal intent, which is a subjective element of fraud (see Supreme Court Decision 2010Do6659, May 10, 201). (b) The defendant is unable to pay money as a result of the failure to manage the fireworks, and he did not have the intent to commit fraud.

Therefore, according to each statement of the defendant, C, and I, in the second police interrogation protocol against the defendant, each statement of the defendant, C, and I, lease contract, and transfer confirmation certificate, the victim shall lend money to the defendant.