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The prosecutor's appeal is dismissed.
Reasons
1. According to each evidence submitted by the prosecutor of the gist of the grounds for appeal, the following facts can be sufficiently acknowledged: (a) even if the Defendant sold a mobile phone in the manner of paying off the installments of the mobile phone to the customers in violation of an agency contract concluded with the victim H, as in the instant facts charged, in violation of the consignment contract, etc. entered into with the victim H, it could be sufficiently recognized that the Defendant had received KRW 266,272,80, total sales commission from the said victimized company from November 15, 201 to January 3, 2012.
Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is the representative director of the (ju) F who runs a mobile phone sales business in Daegu-gu E.
From October 2010 to February 13, 2012, the Defendant, as the representative director of a mobile phone sales store that entered into a consignment contract with the victim (ju) HH mobile phone agency located in Daegu-gu, Daegu-gu, the Defendant agreed to receive fees (subsidies sales commission - discount) from the victim agency when selling the consigned mobile phone.
When the defendant sells a mobile phone, the above terms and conditions of purchase, such as the customer purchase principal, shall be clearly stated in the contract, and the mobile phone shall be sold within the scope of the subsidy and sales commission at a discount of a certain amount, and the mobile phone installments shall not be sold by the method of selling the mobile phone instead of paying the mobile phone installments from the sales store, and only in the case of selling the mobile phone in the above permissible manner, the victim shall be paid the fee to the defendant.
Nevertheless, the defendant sells mobile phones at the ex-factory price that has not been discounted to customers, and some of the installment payments are made by increasing the discount benefits.