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The defendant shall be innocent.
Reasons
1. The summary of the facts charged stated to the purport that, around April 30, 2013, the Defendant would purchase the Defendant’s house located in the Defendant’s house located in Yongsan-si B, the Defendant would make payment for the ten-month installments from May 30, 2013 to 119,200 won each month from May 30, 2013 to 119,200 won.
However, the defendant did not have any particular income at the time and did not have any intention or ability to pay the price from the beginning because there was no other assets.
Nevertheless, as above, the Defendant deceiving D and obtained from D, i.e., the market price of KRW 1,192,200 which is the victim's possession from D, and acquired eight boxes of mountain spawn, which is the victim's possession, by fraud.
2. Determination
A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud, is to be determined by comprehensively taking into account the objective circumstances, such as the Defendant’s financial history, environment, details and details of the crime, and the process of transaction, insofar as the Defendant does not make a confession. Meanwhile, the recognition of guilt ought to be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true, so long as 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. The same applies to the recognition of the criminal intent, which is a subjective
(see, e.g., Supreme Court Decision 2010Do6659, May 10, 2012). B.
In full view of the following circumstances acknowledged by the evidence examined by the court, the evidence submitted by the prosecutor alone cannot be deemed to have been proven beyond the civil liability that the defendant failed to perform his/her obligation to pay money according to the contract for the sale of goods, and the fact that the defendant had the criminal intent to obtain money at the time of the contract
(1) The sales salesperson D of the LAC shall find a defendant's residence and recommend the purchase of the services for mountain ginseng cultivation.