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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) recognizes that the defendant had worked as D's employee in light of the statement of the payment note prepared by the defendant and delivered to the victim and the statement of related persons to D's unlimited partnership company (hereinafter "D"), and the judgment of the court below which acquitted the defendant even if the defendant was found guilty of the facts charged in this case as he voluntarily used the D's liquor payment, after paying the D's liquor payment.
2. Determination
A. The summary of the facts charged is that the Defendant has been engaged in the delivery and collection of alcoholic beverages to D for the victim D in the wife population C from March 201 to October 201, 201.
The Defendant, from April 201 to October 201, was in custody for D with an amount of KRW 6,222,300 as alcoholic beverage price from “F station” located underground of the Songpa-gu Seoul building E, Songpa-gu, Seoul, and was in custody for D’s personal use at around that time.
The Defendant, as indicated in the separate list of crimes between April 201 and October 201, 201, collected total of KRW 89,414,210 from 21 business partners and embezzled by consuming it according to the mind, as stated in the separate list of crimes.
B. The Defendant asserted that he was supplied with alcoholic beverages from the investigative agency to the trial of the party, and supplied alcoholic beverages to his customer, and that he was only paid for his goods, and that he did not take charge of delivery and collection affairs of D under employment as D’s employee.
C. The lower court’s judgment is deemed to have issued a tax invoice in the name of D in accordance with some statements made by the Defendant, G, H, and I to the investigation agencies of the Defendant, and this Court. However, each of the legal statements made by the Defendant, J, K, and K, and each of these statements made by the Defendant, J, and K (Submission of I Tax Withholding Receipt for Wage and Salary Income), and each of these statements made by the Defendant, J, and K.