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The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be sentenced to one year of imprisonment.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Article 1-A of the facts charged in the case of 2018 Godan193
In relation to this subsection, the Defendant did not borrow KRW 10,000,000 from the victim D, while repaying part of the obligation to the victim D as stated in this part of the facts charged.
B) As to Article 1-B of the facts charged in the case of 2018 Godan193, the Defendant borrowed KRW 20,000,00 from the victim D on or around April 6, 2017, but there was intent or ability to repay the borrowed money at the time of the above borrowing. Therefore, as to Article 2 of the facts charged in the case of this case, the Defendant was supplied with cosmetics equivalent to KRW 224,41,80 from the victim C from September 28, 2016 to April 21, 2017, and paid KRW 222,818,300 to the victim C, and the unpaid amount is only KRW 1,593,500,000.
Even if the Defendant received cosmetics equivalent to KRW 166,394,150 from the victim C from October 2016 to April 21, 2017, as stated in this part of the facts charged, the amount of cosmetics paid by the Defendant to the victim C during the above period is KRW 195,639,600, and thus, there is no amount of cosmetics that the Defendant has not been paid to the victim C.
In addition, the injured party C sent the samples of cosmetics amounting to 5% of the price of cosmetics to the Defendant, and issued a tax invoice to refund value-added tax, but did not implement it, the amount equivalent to the sample amount of the cosmetics (5% of the supply price) and the amount equivalent to value-added tax should be deducted from the amount obtained by deceit of this case. As to the facts charged in the case of 2018 Godan193, the Defendant received 461,261,360 won from the injured party B who actually runs X and Y businesses around February 2017, and supplied cosmetics amounting to 461,902,470 won in total, not from the injured party B, and supplied cosmetics amounting to 461,902,470 won in total to the injured party B. Thus, the Defendant is insufficient to provide cosmetics to the injured party.