beta
Text
The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
In full view of the fact that the defendant's right to exchange merchandise coupons sold by H (hereinafter "the defendant company") as representative director is "entrusted sales contract" and there is no value other than for the purpose of exchanging merchandise coupons of victim E (the trade name was G stock company at the time; hereinafter "victim E"), the place where the unmanned machine (KIKO) selling merchandise coupons is limited to stores of the damaged company, the amount excluding a certain percentage of fees is decided to be transferred to the damaged company every month, the place where the unmanned machine is installed and the damaged company bears the burden of transferring the remainder to the damaged company every month, and the cost of installing and maintaining the unmanned machine is borne by the damaged company, the contract concluded by the victimized company ("the contract of this case") with the defendant company ("the contract of this case") is "the contract of this case" and thus, the contract of this case is "the entrusted sales contract," and thus, the issuance of merchandise coupon exchange right and the payment of the money received in return was not made to the damaged company, and thus, the court below acquitted the facts charged in this case.
Judgment
The defendant is the H representative director of the corporation that operates a kisc equipment in the nationwide E store (H representative director of the corporation that operates a kisc equipment).
On March 5, 2009, the defendant entered into a contract with the damaged company E office in Gangnam-gu Seoul, a contracting agency for the sale of exchange tickets to exchange for gift certificates with the damaged company using kisc equipment.
According to the above contract, the Defendant installed 195 key equipment in the national store of the victimized company, and decided to deposit the amount calculated by subtracting 5% of the fee and the value added tax on the fee from the sales proceeds of merchandise coupon exchange tickets sold through the said key equipment with the victimized company by the 25th of the following month.
The defendant from April 2, 2012 to the same year.
5. up to 27. 27. Raskak 195 kisksk at stores of victimized companies.