beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) stated the details of false sales, including the Defendant’s arbitrary input sales, at the time of the instant contract, on the sales status of the Defendant provided to the victim. The lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine, which affected the conclusion of the judgment, although it was acknowledged that the victim believed to have concluded the said contract.
2. Determination
A. The summary of the facts charged is as follows: (a) from around December 2, 2015 to June 2016, the Defendant, operating “F Mt” located in Busan Southern-gu E, thereby releasing sales by entering articles that are not actually sold or articles of more than the number of actual sales into the POS short term sales.
As above, the Defendant presented the status of sales on May 1, 2016, when the sales revenue was unfased, and the current status of sales on each date from June 1, 2016 to June 8, 2016, through G through the broker, and made such actual sales to the victim as if the actual sales occurred. Accordingly, the Defendant decided to transfer the Maart to the victim, and acquired the 185 million won in total on three occasions from around that time to June 28, 2016 under the name of the facility and the premium.
B. The lower court determined that, with regard to the sales recorded in the current status of sales offered by the Defendant to the victim, the sales have been released by entering the number of items that are less than the actual sales or the number of items that are more than the actual sales in the POS short term.
There is no direct evidence to see, and it is impossible to verify what criteria the facility and premium of KRW 185 million were determined, and the evidence submitted by the prosecution alone has been released by the defendant, or the victim has decided to take over the business due to the softening sales, and the facility and premium of KRW 185 million is 10 million.