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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
-the applicant for compensation.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts has already been aware of the end of G that he had secured the right to a soil and sand transport project in the FF district in Namyang-si, Namyang-si, and received KRW 80 million from the victim D and H in terms of performance guarantee for the project and various business expenses from February 15, 2008. On May 30, 2008, Defendant A received KRW 20 million from the above victims in terms of various expenses for the soil and sand transport project. Defendant A paid the said money in full under the actual promotion of the project.
Defendant
A did not deceiving the above victims and did not intend to commit fraud.
(2) The sentence of imprisonment (eight months) against the above defendant by the court below on unreasonable sentencing is too unreasonable.
B. Defendant B (1) misunderstanding of facts (2014 high-level 8262) Defendant B did not participate in the actual management or fund management as a representative director in the name of the Dispute Settlement Bank E.
Defendant
B was involved only in the process of receiving KRW 20 million from the victim D and H for securing the right of soil and sand transport business in the FF district in South Korea, and for various business expenses. In collusion with the defendant A, it did not induce the victims, and there was no fact that the victims were involved at all in the process of receiving the remainder of KRW 80 million from the victims.
Defendant
B did not have the intention of defraudation.
[2016 Highest 1073] The party who received the deposit shall be U.S. to discuss the lower office of the aggregate processing construction with the victim K.
The defendant only has participated in the discussions and was allowed by U's request to receive the deposit amount of KRW 10 million from the victim through the passbook in the name of the defendant by using the passbook in the name of the defendant, and there is no fact of deceiving the above victim with money.
(2) The sentence of imprisonment (eight months) against the above defendant by the court below on unreasonable sentencing is too unreasonable.
2. Determination
A. Defendants .