The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Of the facts charged in the instant case, the attached list of crimes.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (Embezzlement) 1) The Defendant acquired ownership of the goods sold by the victims by entering into a specific purchase transaction contract with the victims, and thus, the Defendant is in the position of the custodian for all the goods and sales proceeds sold by the victims.

shall not be deemed to exist.

2) Even if the Defendant entered into a lease contract with the victims, the part of the sales of credit cards, unlike the cash sales, is limited to the Defendant’s contractual obligation to settle the account, and is in the custodian’s position as to the sales proceeds.

shall not be deemed to exist.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. In addition to the circumstances that the lower court properly decides as to whether a contract entered into with the victim at the time table 1 attached crimes was a specific purchase transaction contract, it is reasonable to view that a contract entered into with the Defendant and the victim is a lease contract.

1) Above all, Article 2 subparag. 5 of the Act on Fair Transactions in Large Franchise and Retail Business provides that “a transaction in which goods are purchased from a supplier on credit on condition that goods not sold among the goods purchased by a large-scale distributor can be returned and the sales proceeds of goods are paid to a supplier after deducting a certain rate or a certain amount after the sales proceeds of goods are sold.” Thus, the Defendant purchased sales goods from a damaged person on credit and received ownership transfer or returned goods that have not been sold to the victim.”

It is difficult to see it.

2) Rather, the victim pays a certain ratio of the sales price to the Defendant as the fee, and employs and manages the employees under his responsibility and calculation, and directly purchases the goods and directly purchases the goods to be sold.