Defendant

B. Defendant A’s appeal is not guilty.

A. misunderstanding of facts and misunderstanding of legal principles (Defendant B) merely introduced Defendant A to the victim company, and there is no fact that Defendant B conspired with the victim company A by deceiving the victim company and deceiving the victim company.

Even if the conviction is recognized, it is only an aiding and abetting offender.

B. The sentence of the first instance court (the defendant A: imprisonment with prison labor for three years, the defendant B: imprisonment with prison labor for ten months, the suspension of execution for two years, and the community service order 240 hours) is too unreasonable.

2. Determination

A. (1) As to Defendant B’s assertion of misunderstanding of facts and misapprehension of legal principles, Defendant A was liable for debt amounting to KRW 200 million with a loan lent to operate the first meat wholesale retail business. Defendant B was registered in a bad credit holder and operated a limited liability company H (hereinafter “H”), K, and M (hereinafter “M”) by lending another person’s name, and Defendant B was also registered in his own name as a bad credit holder and was unable to register his/her business under his/her own name. As such, even if the livestock products were supplied, the Defendants did not have any intent or ability to pay the price of supplied goods at time.

㈎ 피고인 B은 2012. 1. 18.경 피해자 P 주식회사(이하 ‘P’이라 한다)를 운영하는 O에게 “피고인 A 운영의 ‘K’에 돼지고기를 공급해 주면 그 물건을 팔아 대금을 결제해 주겠다.”는 취지의 거짓말을 하였고, 이에 따라 피고인 A은 피고인 B을 통해 피해자 회사로부터 2012. 1. 18.경 21,130,196원 상당의 삼겹살을, 2013. 2. 6.경 23,178,342원 상당의 삼겹살을 각 납품받았다.

Defendant

B, in collusion with Defendant A, received livestock products from the victim company as above, and acquired them by deception equivalent to KRW 12,000,000 which was not settled among them.

㈏ 피고인 B은 2012. 5. 초순경 피해자 주식회사 T(이하 ‘T’이라 한다)을 운영하는 S의 동업자인 U에게 "전북 전주에 있는...