The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment of one year and six months.

(2).

1. Summary of grounds for appeal;

A. Defendant A (A) 1) The victim M and M Co., Ltd. (M Co., Ltd.) are used to reduce the same, and the name of another company is omitted the indication of “stock company”.

P. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (2016 Gohap 177 Gohap), the Defendant traded steel normally with the victim M., and the J issued the Korea Credit Guarantee Fund guarantee to the above victim company.

The defendant was engaged in a transaction by means of normal settlement at the end of the following month, and only he did not pay a part of the payment at the time due to temporary pressure from funds.

Therefore, there is no fact of deceiving the director, who is the representative director of victim M, as stated in the facts charged.

The defendant did not have the intention to commit the crime by fraud.

(2) The victim P continued a transaction while well aware of the financial situation of the company operated by the Defendant.

During that period, the company, which operated by the defendant, was not able to pay the price to the victim P because the company has built a new factory in a unreasonable way and has experienced financial difficulties. Therefore, there was no intention to commit fraud by the defendant.

Although the lower court found the Defendant guilty of the amount of damage of KRW 2,054,081,086 at the lower court, Q has stated a lower amount in the prosecutor’s investigation as the amount of damage, and there was a fact that Q has been judged to be equivalent to KRW 980,000,000 between Q and the Defendant in the relevant civil litigation, the amount of damage recognized by the lower court shall be reduced.

B) The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the victim Q Q was committed (Article 2016 Gohap 177 3 of the lower judgment) (Article 2016 Gohap 177 3 of the lower judgment) and there was no case where the Defendant received money from the Defendant prior to the delivery of the goods,

The defendant's financial situation is not good and leaves a trace of defaulting on financial statements following the following year.