The defendant shall be innocent.

1. After reporting the freezing machine installed in the F in the racing and E with the victim D, the Defendant made a false statement to the effect that “The Defendant would install five of five of the five of the interior machines with a significant weight equivalent to 10 miles, other than the FF room in the operation of the victim, in the H company office of the Defendant in Yongcheon-si, Youngcheon-si, 201, the Defendant would install five of 12 miles, respectively, with a new product, at the price of KRW 20 million in the interior room of the Defendant’s operation.”

However, in fact, the Defendant did not have the intent or ability to install a heavy freezingr outside the room, and installed air conditioners other than the freezingr. In the indoors, unlike the contract, the Defendant could not maintain temperature to cultivate mushrooms by installing an indoor flag equivalent to 10 miles, unlike the contract.

Ultimately, the Defendant deceiving the victim as above and received 20 million won in total, including five million won in the remainder, from the victim, on or around February 5, 2013, as security deposit for installation of a freezing machine, etc. around March 25, 2013, 8 million won in part payments around March 25, 2013, and around July 9, 2013 and August 7, 2013.

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

2. Determination:

A. Whether a certain act constitutes a deception that causes mistake to another person ought to be determined in general and objective manner by taking into account the situation of transaction, the other party’s knowledge, character, experience, occupation, and other specific circumstances at the time of the act (see, e.g., Supreme Court Decision 87Do1872, Mar. 8, 1988). Furthermore, insofar as the criminal intent of fraud, which is a subjective constituent element of fraud, does not lead to a determination by taking into account objective circumstances such as the Defendant’s financial power before and after the crime, environment, details of the crime, and the process of performing the transaction, etc.

(See Supreme Court Decision 85Do2662 delivered on July 7, 1987, etc.). B.

The following circumstances are acknowledged by the health care unit and the records of this case as to whether or not the accused has deceiving the victim or obtained the scope of deceptiveation by the accused.