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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The summary of the grounds for appeal (the factual error) ① The statement of K’s witness at the court below is untrustable and ② In light of the assets and sales of B Co., Ltd. (hereinafter collectively referred to as “B”), the principal cause for which the victim would pay KRW 500 million in consideration of the assets and sales of B Co., Ltd. (hereinafter collectively referred to as “Co., Ltd.”), the principal cause for which the victim would have paid KRW 150 million should not be taken over the shares of B, but shall be deemed to have been granted the Yong-Nam Power for products produced by D Co., Ltd. (hereinafter referred to as “D”), and ③ The agreement concluded between D and B does not state that the Defendant would have granted the exclusive sales right across the country in the agreement, and even after the preparation of the agreement, it is difficult to view that D continued sales business of plastic vinyl of this case, separate from D, and thus, it is erroneous in the judgment of the court below finding the Defendant guilty of the facts charged of this case by deceiving the victim.
2. Determination
A. The summary of the facts charged is the person who actually operates B.
D agreed to pay the above money to B and transfer the Frant's goodwill in the Chungcheong area on the ground that E, the representative director of the E, was accused of criminal complaint because it borrowed KRW 70,000 from B, but failed to repay it.
The defendant around July, 2014, from the office of "H" operated by the victim G in the window of Changwon-si around August, 2014, the victim's "D products are exported to the world."
B manages B with a nationwide exclusive sales license for D products.
Whenever the total sales business is carried on, it is possible to make profits of KRW 20 million a fixed month.
Before the agency recruitment advertisement is made, it is necessary to enter into a total sales contract, and if there is an advertisement.