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The judgment below
The part of the defendant's case shall be reversed.
The Defendant is not guilty. The part of the lower judgment regarding the compensation order.
Reasons
1. The summary of the grounds for appeal is that the Defendant received KRW 9 million from the complainant in the name of a kind of street funds or consulting expenses to lower the sales commission rate to 22%, not in order to receive the “representative code” of the department store from the complainant. Since it was actually used for the above purposes, the Defendant did not obtain the above KRW 9 million from the complainant.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
In the trial of the court, the prosecutor applied for changes in the indictment as follows, and the judgment of the court below cannot be maintained as the case is changed as the case is permitted by this court.
3. Determination of the changed facts charged
A. The summary of the facts charged is that the Defendant is the representative of the C&A company that runs the wholesale and retail business of cosmetics.
1) On November 2017, the Defendant made a false statement to the victim B at the second floor coffee shop of D facilities in Sungnam-si, Sungnam-si, stating that “The amount of sales commission shall be at least 22% for the persons in charge of the affairs, etc. of the said department store to sell goods at the local branch of E, and the persons in charge of the affairs, etc. of the said department store shall be at least 30%. In order to do so, five million won shall be required with the cost of the street.” However, the Defendant was thought to use the money received from the victim to pay his credit card price, etc., and the Defendant was sent to the persons related to the said department store so that the victim (hereinafter “F”) could sell goods at the local branch of the said department store or did not have any intention or ability to lower the sales commission rate. As such, the Defendant deceiving the victim, thereby deceiving the victim, and received the money from the victim to the Defendant’s account in the name of Defendant 13, 2017.