사기미수등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Defendant A entered into the instant agreement with H (hereinafter “H”) for the purpose of export to Vietnam after receiving Internet abandonment and non-public duplicity from the K (hereinafter “H”) in charge of the instant agreement.
Defendant
A has entered into a normal contract and received an insurance policy as a security and claimed insurance money due to the failure to comply with the contract. Therefore, Defendant A did not have any interference with business and intention of fraud.
B. Defendant C, not the actual manager of H, was aware of the fact that the instant contract was an investment contract or a consumption lending contract, and there was no conspiracy to obtain the instant insurance policy under the mutual agreement with Defendant C or Defendant A based on the false goods supply contract.
2. Comprehensively taking account of the following circumstances acknowledged by the judgment of the court below and the court below and the evidence duly admitted and examined, the defendants conspired to interfere with the issuance of the victim's letter of guarantee by fraudulent means as stated in the judgment of the court below, and the defendant A conspired to receive insurance money by deceiving the victim as if the insured events occurred as stated in the judgment of the court below, and it can be sufficiently recognized that the defendant attempted to receive insurance money. Thus, the defendants' assertion of mistake is without merit.
(1) The joint Defendant B consistently agreed from the early stage of the investigation to the court of the court below to invest KRW 200 million in H, and to receive interest of KRW 200 million per month. As Defendant A demanded the delivery of performance guarantee insurance as a security, Defendant A prepared a goods supply contract in order to pretend as if the above contract was a goods supply contract, and received the instant insurance policy and H paid KRW 4 million per month from March 2013 to September 2013.
(2) Defendant C is at the stage of investigation.