The judgment below

The part of the defendant's case against the defendants is reversed.

Defendant

A Imprisonment for two years, and Defendant B.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against Defendant A (unfair punishment) is too unreasonable. It is unfair that the punishment sentenced by the court below against Defendant A (two years and six months of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of facts) Defendant B (hereinafter “I”) around February 2015, 2015, Defendant B (hereinafter “Defendant B”).

(3) As Defendant A and Defendant C, on May 21, 2015, transferred the entire business including rights and obligations, the interim management contract entered in the facts charged (hereinafter “instant contract”).

(2) The sentence sentenced by the lower court on Defendant B (two months of imprisonment and two years of suspended execution) is too unreasonable. It is not so unreasonable that the victim C expressed that “in Korea is a counsel..................”

2. Determination

A. In light of the relevant legal principles and the principle of court-oriented trials, etc., when comprehensively considering the results of the first instance trial and the results of further examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court's decision as to the credibility of the statement made by the witness in the first instance (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). In addition, if the witness's statement is consistent in the main part of the statement, solely on the grounds that the statement made by the witness is somewhat inconsistent with the statement on other minor matters, the credibility of the statement should not be readily denied (see, e.g., Supreme Court Decision 2007Do10728, Mar. 14, 2008).