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The judgment below
The remainder, excluding the part concerning the application for compensation order, shall be reversed.
The defendant is innocent.
Reasons
1. Summary of grounds for appeal;
A. The investment agreement that the defendant drafted by a mistake of facts to F is a document that is authenticly prepared by the defendant, and there was no fact that the defendant conspireds for F and the victim to commit a fraud, and there was no fact that the defendant was involved in F in the fraud committed by F, and there was no intention to commit fraud.
Therefore, the judgment of the court below is erroneous in misconception of facts.
B. The sentence of the lower court’s sentencing (two months of imprisonment and two years of suspended sentence) is too heavy.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in the instant case is that F is an advisory lawyer of Law Firm G, and the Defendant is the representative director of H Co., Ltd. (hereinafter “instant company”), and was willing to obtain money from the victim as if he had the right of execution and construction of the Daejeon Ptel Construction Corporation (hereinafter “instant construction”).
In fact, the defendant was requested by J which is the actual operator of the company of this case and did not have been appointed as the representative director or delegated with the authority of the representative director. F was not an attorney-at-law and did not secure the enforcement right and execution right of the above officetel. The defendant and F did not have any intent or ability to establish a collateral security right with respect to L nearby land such as Macheon-si and K.
Nevertheless, around January 31, 2011, the Defendant: (a) made an investment agreement with the instant company office located in the Songpa-gu Seoul Metropolitan Government M&606, stating that “The instant company is making an investment of KRW 700 million from F and redeems KRW 900 million, and establishes a first priority mortgage on the land near the said L,” and (b) around February 24, 201, F paid KRW 90 million to N Co., Ltd., a company implementing the construction of an office of Songpa-gu, Songpa-gu, Seoul; and (c) made investments in the said business.