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The defendant's appeal is dismissed.
Reasons
1. The judgment of the court below which found the defendant guilty of the facts charged in this case without deceiving the victim C Co., Ltd. is erroneous in the misapprehension of facts which affected the conclusion of the judgment.
2. Determination
A. A. Around the beginning of February 2011, the summary of the facts charged, the Defendant, at the office of the victim C Co., Ltd. (hereinafter “victim”) located in Nam-gu Incheon Metropolitan City (hereinafter “victim”), secured a business right to produce and distribute promotional materials such as issuance of multi-child discount cards connected with the government office of Gyeonggi-do, Incheon, etc. as part of policies on the encouragement of childbirth of women’s welfare department, and subscription to Internet fees, etc. as part of policies on the encouragement of childbirth, which is a government agency, and furthermore, there is no business organization. Therefore, if there is no business organization, the Defendant would be changed from KRW 5,000 to KRW 30,000 for each case of a corporation with a business organization, which would be changed from KRW 5,00 to KRW 30,000 for the use of promotion materials, from the victim company’s office to the end of June 30, 2011, the Defendant paid the above amount of KRW 30 million to the victim company E from the victim company’s office.
However, the defendant, without any special revenue at the time, has reached a total of KRW 30 million, and was not paid monthly salary to employees of the F Co., Ltd. that operated by the defendant, and even if he received money from the damaged company since he did not have obtained a business right to produce and distribute promotional materials about the issuance of a multi-child discount card and the discount of Internet fees from the Gyeonggi-do Office or the Incheon Viewers, he was thought to use it as wages or operating expenses of the employees who engaged in the business.
Around April 22, 2011, the Defendant, by deceiving the victimized Company, received KRW 20 million from the victimized Company to the corporate bank account in the name of F Co., Ltd. operated by the Defendant.
B. The lower court’s judgment is the Defendant.