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The defendant shall be innocent.
Reasons
1. On May 27, 2016, the Defendant stated that “The Defendant, at the coffee shop near Ulsan-gu, Ulsan-gu, Ulsan-ro 288, and at the coffee shop near the Ulsan High-speed Terminal, shows 5 km of the Chinese seeds of the Chinese May domestic mag, and would purchase and load the Korean Mayn seeds to China if the Defendant would purchase and load the seeds until July 2016.” At the latest, the Defendant would import the seeds until August 30, 2016.
However, in fact, even if the defendant received money from the victim as the purchase price for the seeds, the defendant was scheduled to use the seeds as living expenses of the defendant, so there was no intention or ability to import the seeds.
The Defendant, as such, deceiving the victim and deceiving him, is the same year from the victim.
6. 16. Receipt of remittance of KRW 50 million to the Daegu Bank Account under the name of the Defendant.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
2. According to each evidence duly adopted and examined by this court, the following facts can be acknowledged: (a) the Defendant received KRW 50 million from the victim on June 16, 2016 as the purchase price for the Mafy seed; (b) the Defendant did not seek an increase in the number of the victims until now; and (c) the Defendant used a considerable portion of KRW 50 million received from the victim for personal purposes unrelated to the purchase of the Mafy.
However, the following circumstances that can be recognized by each of the above evidence, i.e., the Defendant paid to C a business related to agricultural and fishery products in China a down payment to purchase approximately KRW 24t of daily 24t on June 2016, the Defendant entering China on September 2016 and continued to purchase and load at once, and the Defendant did not need to increase the number of the Defendant. Accordingly, the Defendant did not purchase a math and went into Korea, and the Defendant 24t of monthly math revenues.