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The defendant is innocent.
Reasons
1. Around May 2008, the summary of the facts charged stated that “If a person lends 1.80 million won to his/her employees, he/she would sell the land with the money and return it within 4 months within the limit of 180 million won by selling it.”
However, in fact, even if the defendant borrowed money from the victim due to the lack of business funds at the time, he did not think that he would use it as business funds, such as preventing the check of the number of shares back, and there was no intention or ability to return the borrowed money within 4 months by neglecting the profit of 40 million won.
The defendant is against the victim of the same damage.
8. Around 18.18. Around the 177.821,683 won transferred to the Agricultural Cooperative (F) Account under the name of the Defendant and acquired it by fraud.
2. The finding of conviction 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 as to the defendant's guilt, it is inevitable to determine the defendant's interest. The same applies to the recognition of a criminal intent, which is a subjective element of a crime of fraud.
(1) The establishment of a crime of fraud shall be determined at the time of such act, and the establishment of a crime of fraud shall not be determined as at the time of such act, on the ground that the contract was not realized due to changes in economic conditions after such act, etc., and that it was put in the state of nonperformance due to the change in economic conditions, etc., the establishment of a crime of fraud cannot be determined as at the time of such act.
(See Supreme Court Decisions 97Do249 delivered on April 11, 1997, 2001Do202 delivered on March 27, 2001, etc.). Between G and G on April 8, 2008, the Defendant was subject to registration conversion into Jincheon-si Jin-si on September 11, 2008 with a size of 4,856 square meters.
In all cases, "the case".