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The defendant shall be innocent.
Reasons
1. The facts charged C and D are between the front line, and D and the victim E (21) are between elementary schools, and the Defendant is a person who operates a f mobile phone store.
From December 2, 2016 to January 2, 2017, the Defendant proposed that “A and D will sell a mobile phone to China after deceiving the mobile phone owner by deceiving the mobile phone owner, and selling the mobile phone to China,” and C and D intented to receive the introduction fee from the Defendant, by accepting the said proposal, and by receiving the introduction fee.
C. D around January 2017, there is an 300,000 won for investment of 300,000 won in their Facebook.
“The victim who posted a letter, and reported and contacted the above writing, around 11:00 on January 17, 2017, only from the above F F, “The victim shall pay the victim KRW 300,000 per 1 mobile phone opening through the mobile phone,” and the contract is terminated at the agency after six months from the opening of the contract. As such, the fare or the value of the machine shall not be claimed.
If the charge is imposed, it makes a false statement that it would prejudice the payment, and opens two mobile phones in the name of the victim.
However, in fact, even if the defendant, C, and D opened a mobile phone in the victim's name and opened a mobile phone, the defendant thought that the mobile phone was sold to China, etc., and C, C, and D thought that the defendant would receive KRW 900,000 from the defendant as the introduction cost, but did not think that the victim would pay KRW 300,000 to the victim or terminate the contract after six months, and C, and D did not have any intention or ability to pay the mobile phone charges to be imposed on the victim because there was no particular income at the time.
On January 17, 2017, the Defendant, in collusion with C and D, by deceiving the victim as such, got the victim into the name of the victim and acquired the two phone-phones with a face value of KRW 2,300,000,000 at the market price.
2. We examine the judgment.