At the time, the personal liability of the Defendant was equal to KRW 60 million, and the monthly interest and principal were required to be more than KRW 4 million, and there was no sales place even after being supplied with cosmetics, and thus, it was thought that the Defendant was dumped at the price of 45% of the supply price to funeral services, converted from China who purchased dumping cosmetics in the vicinity of the Incheon Coast Guard, and that the Defendant was managing the cosmetics as subordinate organizations.

23 sub-sellers, such as D, did not engage in the actual sales business, and did not impose allowances and job class incentives upon the defendant's false salesperson in order to receive more allowances and job class incentives.

Around September 26, 2013, the Defendant entered into a door-to-door sales contract with the purport that “the victim would supply the cosmetics supplied at 60% of the consumer price to the Defendant at 70% of the consumer price, and pay the price after marketing,” which is equivalent to KRW 157,124,80, and KRW 20,692,446 among the cosmetics supplied at KRW 65,953,90 among them, and KRW 10,692,446, as shown in the list of crimes in the separate sheet from the victim to January 2014.

Accordingly, the defendant deceivings the victim to acquire the pecuniary profits equivalent to the sum of 76,646,346 won, such as the price of cosmetics.

2. The Defendant and the defense counsel’s assertion was aware of the Defendant’s dumping sales and employment status of sub-sales workers. The Defendant and the victim still have a problem of settlement and payment due to a continuous transaction relationship between the Defendant and the victim, and they do not engage in a transaction with the victim from the beginning with the intent of acquiring the price of cosmetics, etc.

Therefore, the defendant did not deceiving the victim and did not have the intention of deception.

3. Determination

A. Fraud, which is a subjective element of fraud, of the relevant legal doctrine.