However, even if the defendant received cosmetics from the victim, he did not have the intention or ability to sell the cosmetics and remit the proceeds to the victim.

As such, the Defendant, by deceiving the victim, received from the victim 30 soldiers of F cosmetics amounting to KRW 4,950,000 at the market price.

2. Determination

A. The Defendant and his defense counsel asserted deception that the Defendant would sell the F Cosmetics 30 diseases received from E by the Defendant, and that G would sell the same cosmetic as E, only did not receive a refund of the cosmetics or the sales proceeds from G after driving it to G.

B. The main facts charged in the instant case

The evidence contains statements in E and G investigative agencies and in this court, H's statements in this court.

However, in light of the following circumstances, the above statements alone are insufficient to recognize the Defendant’s deception.

1 G and H stated to the effect that G was given a loan certificate received from the Defendant on behalf of the Defendant in lieu of the F cosmetic 30 diseases due to the repayment of the obligation to KRW 4.95 million lent by G to the Defendant, and that G returned to the Defendant.

However, in light of the following circumstances, it is difficult to believe the above statement as it is.

① G and H claim that G joined the Defendant as F members with the consent of the Defendant through the use of their cards and cash expenditure, and that the Defendant incurred a debt of KRW 4,590,00 to G.

However, at the time of joining the F membership in the name of the defendant, the address of the place of delivery of cosmetics is the address of G's office rather than the address of the defendant, and the first time of joining the membership.