The defendant shall be innocent.

Around August 2014, the Defendant, without the ability and intent to purchase a mobile phone at a low level, made a false statement to the victim D, stating that “A mobile phone No. 3 may be saved at a low level, and if a mobile phone machine fee is deposited first, it may be purchased as soon as possible.” The Defendant received KRW 800,000 from the victim to the account of community credit cooperatives (E) in the name of the Defendant on September 19, 2014.

When the defendant engaged in a sales business of the mobile phone amount from around 2012 to the end of 2013, the sales attorney argued that the defendant arranged the sales business of the mobile phone from around 2013 to the end of 2013, and therefore, he/she had the ability and intent to purchase the mobile phone at the time, and that the reason why the victim could not ultimately purchase the mobile phone is that the victim was rejected.

According to the testimony of the witness D and F, the following facts are as follows: ① the Defendant sought a second cell phone from F before the time; ② the Defendant first introduced the victim to the Defendant before the time; ② the Defendant promised to purchase a cell phone by delivering the request of the victim; ③ the Defendant refused by the victim through F the payment of 80,000 won of the 3rd cell phone mechanical cost from the victim; ④ the Defendant and the victim agreed to change the object of purchase to the 4th cell phone around November 2014; ⑤ the Defendant and the victim did not purchase the 4th cell phone from around December 2014 to the fact that the victim filed a complaint against the Defendant around February 2015.

There was no possibility that the promise was originally implemented from the original point of view of the mobile phone market price at that time.

(b).