The defendant shall be innocent.

1. The summary of the facts charged and G, the accused and the complainant, are the relationship between the parties living together from April 2015 to September 2016.

On September 2016, the Defendant stated to the effect that “When the Defendant receives a high interest rate loan from the complainant, he/she would pay the principal and interest of the existing loan, and would change the name of the loan in the future after three months.”

However, even if the complainant received the loan, the defendant thought that it will be used as living expenses, etc. other than the purpose of paying the existing debt, and there was no intention or ability to return the principal and interest or the name of the borrower in the future.

Nevertheless, on September 13, 2016, the Defendant: (a) by deceiving the complainant, and (b) had the complainant borrow KRW 16.1 million from the Silm Savings Bank; and (c) deposited KRW 16.1 million in the Agricultural Cooperative Account under the name of the Defendant.

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

2. Determination

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value that leads a judge to have a reasonable doubt. As such, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such conviction, even if there are suspicions of guilt, such as the defendant’s assertion or defense contradictoryly or uncomfortable (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (b) In full view of the following facts or circumstances recognized by the evidence duly adopted and investigated by the court, the fact that the defendant was unable to repay KRW 16,100,000 paid by the complainant, unlike the promise, shall be determined in full by the complainant.