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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant: (a) established a local subsidiary of the Social System Republic with Defendant G, G, and H joint venture, and operated fescences, and thereafter supplied fescences at a price of 20% lower than the market price established by the Defendant and G to the domestic corporation; (b) there was no deception by forcing G to obtain exclusive fescence rights from the Social System Republic; and (c) most of the money received from G was used as related expenses and returned the balance to G. In view of the fact that: (a) there was no intention to acquire fescations; and (b) there was no intention to acquire fescations in view of the fact that
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. Determination
A. 1) The summary of the facts charged in the instant case is that the Defendant shown the book “social system project” to the Victim G on January 2017, and “it has a long-standing relationship with the present H of the country of social system. By doing so, the Defendant made a contract with the government of the social system, thereby giving exclusive fishing right to operate the social system in that country, and paying the test-related cost to reduce the right to participate in the system at a price below 20% of the international market price. Since the social government already talks, it is possible to operate the business immediately upon entering the country.”
However, in fact, the Republic of Korea of social system is a structure in which anyone can be supplied with reference when it pays a certain amount to a local member company owned by the government, and since it does not grant exclusive fishery right to a specific person, the defendant did not have the intent or ability to grant the victim's fishery right, and there was no specific method or plan to allow the victim to be supplied with reference from the beginning to the social government at a price lower than the international market price.
The Defendant is as above.