The defendant shall be innocent.

1. The summary of the facts charged in the instant case is as follows: (a) the Defendant: (b) delivered to the victim E in the field of distribution of D located in Yong-gun, Nam-gun, Namnam-gun, 2015, the following: (c) the amount of the tea franced into the FF agricultural cooperative located in Gangwon-do; and (d) the quantity of the five teas to the low temperature warehouse located in kg, in the field of distribution of D, which is located in Yong-gun, Nam-gun, Nam-gun, Nam-gun; and (c) the Defendant distributed the distribution of the five teas to the victim E

The price will be deposited into the account after shipping the distribution and then it will be deposited into the account.

“A false representation was made.”

However, on September 30, 2010, the Defendant did not perform the obligation of KRW 22,035,00 to the Nonghyup and registered as a bad credit standing. On October 30, 2015, the Defendant had been under circumstances to the Gwangju District Court for the total amount of KRW 409,802,99 against the 17 creditors to the extent of filing an application for bankruptcy and exemption, and thus, even if purchasing a distribution from the injured party, the Defendant did not have any intent or ability to pay the victim the compensation.

Defendant deceptioned the victim as above and acquired approximately KRW 26,152,00 of the total amount of KRW 74,720 km from the Defendant’s low temperature warehouse located in Hanyeong-gun on December 2, 2015, and KRW 28,450 km on December 5, 2015, and KRW 36,750 km from the Defendant’s low temperature warehouse located in Hanyeong-gun, Nam-gun on December 5, 2015 (hereinafter “each distribution of this case”).

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on the evidence with probative value that makes a judge sure that the facts charged are true enough to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 2012Do311, Mar. 15, 2012). In addition, the establishment of fraud by deception of one transactional goods is determined as of the time of transaction.