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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1 was the party to a contract for the construction of steel structure (hereinafter “instant construction”) among the new construction of the F elementary school for the purpose of the victim H Co., Ltd. (hereinafter “victim”) entered into by Defendant B as the party to the contract. In light of the fact that Defendant B became aware of the terms and conditions of the contract only one month after the date of the conclusion of the contract, there was a conspiracy with Defendant B regarding the instant construction.
shall not be deemed to exist.
Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of facts and affected the conclusion of the judgment.
2) Even if a crime of fraud is established against an illegal defendant in sentencing, the lower court’s sentencing (4 months of imprisonment) is too unreasonable.
B. Defendant B 1 notified Defendant B of the attachment and assignment order (hereinafter “instant assignment order”) on February 4, 2013, the office of education in Gangwon-do, the office of education of which is the office of education of the F primary school, as the third party, to the representative director of the victim company J as the representative of the E Construction Co., Ltd. (hereinafter “E Construction”), through K, that Defendant B notified Defendant B of the attachment and assignment order as to the F elementary school multi-purpose construction payment claim, as the creditor, E, and the office of education of Gangwon-do, the office of education which is the office of education which is the office of education of the F primary school multi-purpose construction, as the third party, as the third party, and even if not, the Defendant did not have any legal obligation to notify the victim company of the fact of the assignment order, and thus, the Defendant enticed
shall not be deemed to exist.
Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of facts and affected the conclusion of the judgment.
2) Even if a crime of fraud is established against an illegal defendant in sentencing, the lower court’s sentencing (6 months of imprisonment) is too unreasonable.
2. The grounds for appeal by the defendant A.