The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The court below found the defendant not guilty on the ground that there is a lack of evidence to acknowledge the seller selling a sense to the defendant as victim E, not D in the instant case, but D, but D himself only connected the defendant E as a broker, and it stated the fact that E was reduced even when he transferred his sense to the defendant.

In full view of the fact that the Defendant stated, and the Defendant responded to the purport that “the sales price” would be known to the victim’s demand while communicating with the victim, the seller is the victim E in the instant transaction, and thus, the seller is guilty of the facts charged in the instant case against the Defendant who purchased a reduction from E and did not pay the price.

Therefore, the court below erred by misunderstanding the facts.

2. Determination

A. The summary of the facts charged in the instant case is as follows.

B. The facts charged of the judgment of the court below are based on the premise that the defendant purchased or was entrusted with the purchase or sale of reduction directly from Eul, not D, and therefore, the defendant asserted set-off with a separate claim against D that arranged the above transaction from the beginning to the point of view of refusing payment, and responded to the contract with E, although he was liable to pay the purchase price. Thus, it is based on the health cost as to whether the other party to the contract with the defendant is E or not, and the evidence duly adopted and investigated by the court of original judgment, and the following circumstances are acknowledged as follows: (i) the party to the contract with the defendant was a F Co., Ltd. to which D belongs, for which D prepared a receipt certificate of the above import reduction, and (ii) the party to the contract with the defendant was to receive and sell the reduction from the police station to E and the sales of the reduction upon the receipt of the reduction.

(b) a statement;