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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant collected feed contributions as stated in the facts constituting the crime in the judgment below; and (b) after September 2008, the Defendant used them as the promotional support fund with the consent of each total sales commission, for which no reason to collect them ceases
Nevertheless, the court below erred by misunderstanding the fact that the defendant used it at will without consent.
2. Determination:
A. The summary of the facts charged in the instant case is a person who supplied the milk produced in G to 20 total markets and agencies affiliated with the general market across the country by concluding a contract for exclusive right to use the Jeju-do EF Association (hereinafter “G”) and an organic agricultural G-friendly brand exclusive right to use the brand, while operating the company D (hereinafter “D”). The Defendant was a person who managed the performance of duties, such as fund execution, of the said company.
On April 12, 2008, the Defendant shared the pain of the above G, which suffered from difficulties due to the increase in the prices of international organic feed through meetings with the general sales board and agencies, and collected and delivered feed contributions. From May 1, 2008, the Defendant: (a) borne the amount of KRW 70 per liter, KRW 70 per liter, KRW 70 per total market, and KRW 60 per agent supplied to the general sales board and agencies; and (b) collected KRW 200 for the purpose of G, and recruited monthly feed contributions.
However, in order to encourage the sale of milk at the market and agency, the promotional support fund that the Defendant paid should be paid out of the funds for the operation of the Defendant, and it should not be paid from the total market and agency's feed contributions. However, even from September 2008 to May 28, 2009, the Defendant did not pay the total amount of KRW 216,200,106, which was collected and accumulated as feed contributions under the name of feed contributions as shown in the attached list of crimes in order to deliver to G, from September 208 to May 28, 2009.