The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of the facts charged alternatively

A. On March 2014, the Defendant, as a mobile phone wholesaler, made a false statement that “The Defendant would sell 36 mobile phones to the victim C, and receive the payment of the fixed amount in lieu of the sales proceeds on the face of the week,” at a place where the Defendant was not a policeman at the early scam.

However, the Defendant had no intention or ability to calculate the settlement amount and deliver it to the victim even if he received the sales proceeds of the mobile phone due to the lack of employee benefits and living expenses due to the financial difficulties at the time.

Around that time, the Defendant had the victim sell 36 mobile phones to all customers. On April 30, 2014, the Defendant did not receive KRW 1962,00,000 from D Co., Ltd. for the settlement of the sales of the mobile phone sold by the damaged party, but did not deliver it to the victim, thereby acquiring the pecuniary benefits equivalent to the same amount.

B. On March 2014, the Defendant, as a mobile phone wholesaler, entered into an agreement with the victim C to sell a mobile phone 36 mobile phone, and then receive the sales proceeds from the Defendant Co., Ltd. and give it to the victim.

Since the Defendant sold 36 Handphones in accordance with the above agreement, even though there was a duty to receive sales settlement money from D Co., Ltd. and pay it to the victim, the Defendant did not pay 1,9620,000 won to the victim, in violation of such duty.

As such, the Defendant acquired financial benefits equivalent to KRW 19620,000,000 for sales settlement in violation of the above duties, and caused damages equivalent to the same amount to the victim.

2. Defendant and his defense counsel’s assertion

A. On March 2014, at the time of entering into a contract on the consignment of a mobile phone with the victim, the said Defendant had the intent and ability to pay the settlement money to the victim. However, on April 2014, the said Defendant was first made.