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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to Defendant A (misunderstanding of facts as to the fraud against the victim’sO, unreasonable sentencing) fraud against the victim’sO (the crime of fraud) was not committed in collusion with Defendant B, and the lower court’s imprisonment (one year and six months) is too unreasonable.
B. Defendant B (unfair punishment)’s imprisonment (six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below as to Defendant A’s assertion of mistake of facts, AB served as a “broker” to introduce the site removal work for the Corporation from the Corporation at the construction site in Bupyeong-gu, Nowon-gu, Seoul Special Metropolitan City, AC (hereinafter “AC”, and the company name omitted). Defendant B, as the representative director of M, intended to accept the above site removal work from AB through AB, and AB prepared a construction contract (Evidence No. 47 pages of evidence record) with the content that M was awarded a contract for the removal work from AC on November 23, 2009. However, AB forged the above construction contract under the name of AC, on September 29, 2011, sentenced AB to imprisonment with prison labor for one year and one year and six years and one year and one year and one year and one year and one year and one year and one year and one year and one year and one year and one year and one year and one year of the above suspension of execution on September 317, 201.
(J) Around November 24, 2009, Defendant A, a vice president of M, entered into a contract with Y to sell scrap metal in the project site and received KRW 50 million as the down payment (Evidence Records No. 74, 357 pages), and Defendant B separately entered into a subcontract for removal work and scrap metal sales contract with P on February 2010, and received KRW 100,000,000,000,000 as the down payment. However, Defendant A, a vice president of M, on his/her behalf, concluded a contract to sell scrap metal in the project site on behalf of Y and M around November 24, 2009 (Evidence Records No. 74, 357 pages).