특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below (including the part not guilty in the grounds) shall be reversed.
Defendant
A Imprisonment of three years and two months, and Defendant B of one year.
1. Summary of grounds for appeal;
A. Defendant A misunderstanding of facts
(2) Although the lower court did not have claimed a false service payment against Defendant A, the lower court erred by misapprehending the facts and thereby convicted Defendant A of the charge of acquiring KRW 69,30,000 among the facts charged in the instant case. (2) The sentence (one year of imprisonment) sentenced by the lower court to Defendant A is too unreasonable.
B. The punishment sentenced by the lower court to Defendant B (three years of imprisonment) is too unreasonable.
C. Defendant C1) misunderstanding of facts does not have to claim a false service payment against the victimized company with respect to the Crails’s weekly work. Therefore, the part of Defendant C’s aiding and abetting the defraudation of KRW 69,300,000 among the facts charged in the instant case cannot be found guilty on the ground that there was no principal offender’s crime. However, the lower court erred in finding Defendant C guilty on the ground that there was a mistake in misunderstanding of facts. 2) The punishment sentenced by the lower court to Defendant C (two years of suspension of execution in one and half years of imprisonment, community service hours in 80 hours) is too unreasonable.
In full view of the evidence submitted by the prosecutor as to the acquittal portion of the judgment of the court below, the court below found the defendants guilty only for KRW 1,349,075,00 out of the amount of fraud of the facts charged of this case, and found the defendants not guilty for the remaining KRW 1,821,80,715 (not guilty in the grounds) was erroneous in misunderstanding facts and misapprehension of the legal principles. 2) As to the failure of the money withdrawal payment (No. 31) confiscated by the court below to confiscate, the above money withdrawal payment (no. 43 of the evidence submitted by the prosecutor; hereinafter referred to as the "money withdrawal payment") was provided for the crime of this case by the defendant A.