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The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The agency service contract between the committee of promotion of the B-house association in mistake of facts and the E-company was lawfully terminated.
The defendant was aware that the above contract was lawfully terminated, and the time was needed to remove facilities within the public relations center due to the long-term lease period of the public relations center, so there was no intention to interfere with the defendant's business.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.
2. In the trial of the case, the prosecutor ex officio in accordance with the Amendments to Bill of Indictment applied for the amendment of Bill of Indictment while maintaining the name of the crime and the applicable provisions of the Acts as to the facts charged in this case, as stated below, and since this court permitted it and changed the subject of the trial, the judgment of the court below was no longer maintained.
Although there are such reasons for ex officio reversal, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.
Under the revised facts charged, the Defendant is the chairman of the Promotion Committee of the “B Regional Housing Association”, and the victim C is the representative director, victim K, and the J is the employees of the Co., Ltd. E.
On September 1, 2017, the Defendant entered into an agency service contract that delegates all the business affairs related to project implementation and related administrative affairs, and the recruitment of union members to E, and on March 27, 2018, E entered into a “sale service contract” that delegates a contract for sales agency to D, such as recruiting union members, etc., and the victim, as the representative director of D, performed the business affairs such as recruiting union members of the “B regional housing association” at the “G Public Relations Center” on the third floor of the Mapo-gu Seoul Metropolitan Government FF building, and the victim K and J were the employees of E, and performed the management and supervision of the sales team while residing in the said three floor office of the above public relations center.
Defendant around 09:00 on May 8, 2018.