The defendant is innocent.

1. On August 201, 201, the Defendant made a false statement in the charges of this case that “The Defendant would pay 50% of the net profit of each month if he/she invests 5 million won to 30 million won as cJ Home shopping and home delivery contract.”

However, there was no intention or ability to pay profits to the victim because the CJ agency did not operate, and the CJ Home shopping concluded a door-to-door contract with the CJ Home shopping.

On August 11, 2011, the Defendant received KRW 20 million from the victim to the post office account in the name of the Defendant’s name as a fund for operating the door-to-door agency.

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

2. The Defendant asserts to the effect that, as indicated in the facts charged in the instant case, the victim was invested in 20 million won in relation to the selective distribution agency business from the victim, but the victim was well aware of the circumstances of the Defendant, and thus did not intend to commit deception or deception with the victim.

In accordance with the facts charged in this case, the victim's investigative agencies and this court has made statements.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim invested KRW 30 million in the home-based distribution business of the defendant on August 201 by the invitation of the defendant's mother's child in the invitation of the defendant's mother's investment, and the 10 million won out of the above money was the money invested by the defendant's mother in the name of the victim. ② The defendant was operating the CJ-based distribution agency under the name of this mother as at the time of delivery with the victim, and the victim did not extend the agency contract because the management of the above agency is difficult.