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The defendant shall be innocent.
Reasons
1. On July 28, 2016, the Defendant: (a) around 00:50 on July 28, 2016, at “E” in the Dong-gu Daejeon-gu, Daejeon-gu, the Defendant took the same attitude that the Defendant would pay the full amount of the purchase price even if the money in fact was not more than 180,000 won; and (b) ordered two weeks to the victim, and only paid KRW 180,000,000, from the victim’s seat, the Defendant received alcohol and alcohol equivalent to a total of 460,000,000, from the market price.
Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 280,000.
2. Determination
A. In a criminal trial, the burden of proof for the criminal facts prosecuted is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt that the facts charged are true.
Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine it as the benefit of the defendant, and this also applies to recognizing the criminal intent, which is a subjective element of fraud (see Supreme Court Decision 2015Do14858, Dec. 23, 2015, etc.).
B. In light of the above legal principles, the following circumstances are acknowledged according to the evidence duly adopted and investigated by this Court: ① the Defendant only is mathn memory from an investigation agency to this court, and the Defendant does not have a mathn memory at all, and the Defendant is consistently stated to the effect that the Defendant, alone, was provided with the two services of both parties, and was able to demand excessive drinking value; ② the victim was provided with the two services of two parties per share, and ② the victim was provided with the two services of two parties per share, and the two parties were additionally provided with the two services of one-time service of two parties per share, and the two parties were extended to one-time service of two parties.