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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant alleged a misunderstanding of facts has received 57 million won from the victim C to produce and import the Ansan test at Isari by receiving 57 million won investments from the victim C. However, the lower court found the Defendant guilty, even though H working for the D Company, an Ansan factory, was unable to pay the profit to the victim with the wind that does not send the Defendant an Ansan test, and even if there was no intent to acquire the victim’s money, the lower court convicted the Defendant of misunderstanding of facts.
B. In light of the overall sentencing conditions of the instant case’s allegation of unfair sentencing, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.
2. Determination
A. (1) The summary of the facts charged in the instant case did not have the intent or ability to obtain a large profit by importing the high-class competition test from the victim even if the Defendant received the money from the victim, or to obtain a large profit from the domestic market, even if he/she received the money.
Nevertheless, around December 14, 2010, the Defendant, at the Chinese house located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, (hereinafter “Seoul-si, the Defendant: (a) made it possible for the Defendant to sell to the domestic market at the price of at least 15-180,000 won per unit if diversified to the Korean nationals by lightizing the thickness of the products manufactured at the E Mari-si, Sin-si, Sin-si, Sin-si; and (b) made it possible to import KRW 50,00 per unit, including customs duties and all expenses. The Defendant made an investment in money by dividing the profit into 5:5; and (c) made a false statement that he would acquire the Republic of Korea’s general sales right at the time of ordering 1000,000 won from the victim’s corporate bank account in the name of the Defendant’s wife on December 19, 2010; and (d) obtained the Defendant’s money from 50,01.
(2) The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.