The defendant shall be innocent.

1. On September 27, 2017, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Northern District Court on the grounds that he/she violated the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on March 9, 2018.

The defendant around December 16, 2015, at the D coffee shop located in Gangnam-gu Seoul Metropolitan Government around December 16, 2015, the victim E purchased 1 set of golf-related business in Korea with a face value of KRW 4 million at the market price of KRW 3 million within one week through the person.

“A false representation was made.”

However, even if the defendant receives KRW 3 million from the injured party, the defendant has no intention or ability to purchase the above golf sets within a week, as it is difficult to use it directly due to living expenses, etc.

The Defendant received from the injured party the remittance of KRW 3 million around December 17, 2015.

Accordingly, the defendant was given property by deceiving the victim.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the interest of the defendant should be determined (see Supreme Court Decision 2015Do1185, Feb. 18, 2016). (b) According to the evidence duly adopted and examined by the court, the fact that the defendant was given golf loans to E and KRW 3 million is recognized.

However, the following circumstances revealed by the record, i.e., ① the Defendant had arrears of KRW 214,00 in Seoul Guarantee Insurance on May 25, 2016, and KRW 814,00 in Seoul Guarantee Insurance on September 22, 2016, but the Defendant received money from E on December 17, 2015.