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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal is as follows: (a) even if the Defendant sold the product at a discount to a wholesaler in order to achieve the result of the company’s unfair conduct, it entered the product into a computerized account as if it were sold at the arm’s length price; and (b) thereby, there was a difference between the amount of computerized accounts and the actual amount of accounts; and (c) the Defendant sold the product as indicated in the facts charged in the instant case
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Summary of the facts charged in this case and the judgment of the court below
A. On July 16, 2001, the summary of the facts charged in the instant case entered Korea with the Korea Development Bank Co., Ltd. (hereinafter referred to as the “victim”) around July 16, 2001, and, from March 201 to November 14, 201, the Defendant was in charge of the business of selling the products of the Victim Company to the Plaintiff Company and paying the price to the Plaintiff.
The Defendant received KRW 80,595,155 from his full-time officer to take over KRW 80,59,15 from his/her full-time officer on March 2010 and began to work as an employee, and sold the amount equivalent to KRW 68,707,671 of the products of the victim company to a wholesaler for three months from March 2010 to November 14, 2012 as shown in the List of List, and received total amount of KRW 2,318,434,50 from March 2010 to November 14, 2012, and received payment in cash or deposited into the bank account in the name of the Defendant.
The Defendant sold products at a discount of KRW 151,916,509 in selling the products to the wholesaler in order to achieve the performance of the company’s work from March 2, 2010 to November 14, 2012. Since the account receivable that was not collected from the purchaser out of the sales amount was KRW 7,050,201, the total amount of the products sold at the above sales amount was KRW 2,318,434.