The defendant shall be innocent.

1. The summary of the facts charged is the representative of the E in which Chinese medical tourism business is conducted in the Republic of Korea.

A. On April 29, 2016, the Defendant, at the above company office located in Seocho-gu Seoul F and 1007 around April 29, 2016, would allow the victim G to export the ginseng and the plant of the Simnsan to China.

In this regard, the cost of business promotion, the cost of issuing the PEP (ecological origin certificate) is required, and the victim and the above-mentioned pharmaceutical products entered into a contract on the export of China.

However, even if the defendant entered into a contract for the export of medicinal materials with the victim, the defendant did not have the ability or intent to obtain a PEP (a certificate of ecological origin) or export the medicinal materials to China.

The Defendant received KRW 20 million from the damaged party, around April 30, 2016, via the Agricultural Cooperative Account (H) in the name of the Defendant, KRW 30 million around May 24, 2016, and KRW 30 million on May 27, 2016, respectively.

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

B. On May 12, 2016, the Defendant made a false statement to the victim of the above office that “If the funds are insufficient to operate a medical tourism business in Korea to Chinese people, the Defendant would repay the principal and interest of KRW 4.5 million until November 12, 2016, and would allow them to operate the medical tourism business together.”

However, in fact, the defendant did not have any profit from the above business, did not have any office operating expenses, and was thought to use the money received from the victim for personal purposes such as the payment of the card price by the defendant, and even if he borrowed money from the victim, he did not have any intent or ability to repay it.

The Defendant received KRW 50 million from the damaged party, namely, from the said paragraph to the Agricultural Cooperative Account as stated in the said paragraph.

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

2. Determination

A. The defendant alleged that he was injured by the defendant.