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The defendant shall be innocent.
Reasons
1. At around 00:30 on September 17, 201, the Defendant: (a) committed an act as if he would pay the alcohol value to the victim D, an employee, at the room No. 10 of the Daejeon Jung-gu Daejeon Special Metropolitan City C, Jung-gu; and (b) made a false statement to the effect that he would change alcohol and alcohol.
However, even if the defendant was provided with alcohol and alcohol from the victim, he did not have any intention or ability to pay the price.
The Defendant, by deceiving the victim as above, obtained pecuniary benefits equivalent to the amount of KRW 24,00,00 in the amount of KRW 199,00 based on the two weeks, KRW 5,000 based on the two weeks, KRW 25,000 for beer, and KRW 20,000 for room expenses, and did not pay the amount.
2. First of all, each police interrogation protocol against the defendant cannot be used as evidence since the defense counsel denied the content in this court.
In addition, in light of the following circumstances acknowledged by the record, the remaining evidence submitted by the prosecutor is insufficient to deem that the defendant did not have any intent or ability to pay the consideration at the time of ordering an alcoholic beverage and a share, and there is no other evidence to support this.
(1) The defendant seems to have continuously earned income while engaging in construction business.
② Although the amount of KRW 240,00 is somewhat high as stated in the facts charged, since the ordinary people who raise the Defendant’s age group’s continuous income is the amount that can be settled by credit cards even if there is no cash, barring any special circumstance, it cannot be deemed that it is impossible or difficult to settle the amount.
③ E, F, and G, each of their cooperation companies or large enterprise employees, the Defendant, together with the Defendant, appears to have had economic capability to pay the above payments. In light of the relationship between the Defendant and the Defendant, payment is made instead of the above payments or the Defendant’s mother and child.