The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) that the victim company had no or very weak incentive to allow the defendant to sell at a discount, and that the defendant could either deduct or personally deduct the discounted money from his own fee.

that there was no duty to sell as the base price.

The sales at discount is not possible, and the method and the discount is subject to the strict control of the victim's company, and it is unclear whether the defendant and the victim have made a sales agency contract between the defendant and the victim with discretion on the sales at discount.

In full view of the fact that the Defendant could not inferred, and that the Defendant received profits from the payment of fees for the total sales increased through the sale of discount, the Defendant breached his duties by selling the households at the base price at a discounted price, even if the duties of selling the households were to have been conducted at will.

I would like to say.

In this regard, the defendant violated his occupational duties.

The judgment of the court below which acquitted the defendant on the ground that there is no evidence to support the facts or there is an error of law.

2. The Defendant in the instant charges entered into a sales agency contract with the victim D, and is engaged in sales business at “G” stores located within “F” stores located within Seongbuk-gu, Sungnam-si from May 1, 2012 to May 31, 2013.

In accordance with the above sales agency contract, the defendant had a duty not to cause property damage to the victim by selling households at the base price set by the injured person for each item, except where the victim has obtained prior approval from the injured person.

Nevertheless, the Defendant is willing to sell at will a discount below the standard price, in violation of his/her duties, for the purpose of eliminating pressure on performance received from department stores and acquiring fees from the injured parties each month, and customers at the above store on June 8, 2012.