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The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The defendant does not pay the above fine.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts as to occupational breach of trust) is not a person who deals with the affairs of the victimized person, such as the statement of facts constituting a crime 8823 in the lower judgment.
There is no relationship between the defendant's act and the victim's damage.
2. Determination
A. The summary of the facts charged in this part of the facts charged is the mobile communications service provider, and the victim Pelcom Co., Ltd. is the company in charge of purchasing a mobile phone device from KT to the agency business for the purchase of the telecommunications product from KT and its ancillary business through the consignment contract with KT, and the company in charge of the resale of the mobile phone subscribers.
In addition, on May 10, 2015, the victim entered into an entrustment contract with the F Co., Ltd. F (hereinafter "F") operated by the defendant, and the victim entered into an entrustment contract with KT's subscription to telecommunications goods as delegated by KT and its incidental services, and the sales of mobile phone terminals on behalf of F.
Therefore, the defendant was in the position of the victim's subscription to the KT telecommunications goods and its ancillary business and the person who deals with the business of selling mobile phone devices based on the above consignment contract, and thus, the defendant has a duty to not inflict damage on the victim due to the act of selling devices and supplementary goods in violation of the relevant statutes. Meanwhile, the Act on the Improvement of Distribution of Mobile Terminal Devices (hereinafter "Act") was enacted.
Article 4 (2) No mobile communications business operator shall pay a subsidy in excess of the maximum amount determined and publicly announced by the Korea Communications Commission.
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The Defendant, according to the above consignment contract with the victim, was to receive fees from the injured party according to the number of customers who subscribed to KT, so much number of customers as much as possible.