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All the judgment below against the Defendants is reversed.
Defendant
A Imprisonment with prison labor of two years and six months, and one year of imprisonment of Defendant B.
Reasons
1. Comprehensively taking account of the evidence submitted by the Prosecutor’s summary of the grounds for appeal (misunderstanding the facts), the Defendants, while not capable of paying the cost of design service for G business (hereinafter “the instant development project”) to the victim I (hereinafter “victim”), failed to make an uncertain investment in the said development project as if they were able to be realized, and failed to make a mistake that the damaged company would be able to recover the cost of design service without any particular problem, thereby making the primary proposal of the instant development project (hereinafter “the primary design”) and the secondary proposal of the instant development project (hereinafter “the instant secondary design”), are to be prepared, and the damaged company sufficiently proves that the total cost of design service was KRW 938 million (i.e., the cost of design service of KRW 688,800,000,000,000 for KRW 25 billion for design service of KRW 250,000,000).
Although the court below did not ask the Defendants for the charge of fraud.
2. Determination
A. Defendant A of the facts charged of the instant case was the representative director of H, a person who was the chief executive officer of H’s general headquarters of the said corporation, and Defendant B intended to raise funds, such as the recruitment of investors, and take charge of H’s representative, and Defendant B divided the role of the investor in charge of administrative affairs, such as explaining the business and designing, processing official documents, and submitting data. During that process, Defendant A conspired to request design to Company I by taking advantage of the balance certificate of deposit issued by the Japanese bank, the source and possibility of investment of which are unclear, with the intent to use it as if the investment is certain.
1) Defendant B shall be Seo-gu, Daejeon on July 12, 2011.