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The judgment of the first instance is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not engage in deception, such as the entry in the instant facts charged, and did not receive the disturbance from the victim with the intent of defraudation.
B. In light of the fact that the defendant takes office as the representative director and pays the existing company's obligations, etc., the punishment of the first instance court (five million won of fine) is too unreasonable.
2. Determination
A. In addition to the circumstances acknowledged by the evidence duly adopted and investigated by the first instance court as to the assertion of mistake of facts and misapprehension of legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court and the first instance court (i.e., the Defendant was at the time of the instant case, where there were many credit purchase obligations at the time, and the creditors were subject to seizure or suspension of payment on sales claims, etc. from them, and upon receiving a request for cancellation of payment, the Defendant was at the time of settlement. In such a situation, the Defendant was unable to be supplied with a disturbance from the existing customer H (K), etc., the Defendant would make it difficult for the Defendant to pay the amount by making a request for delivery to the victim who had no transaction relation before May 7, 2012, and immediately after the date eight days elapsed, the Defendant transferred the column of this case from May 8, 2012 to the above company’s auditor from around 2000 to May 16, 2012.
7. Until April 1, 200, M, N,O, P, and H et al., the creditors of the above company, are mainly selling places of D Co., Ltd., and the provisional attachment and collection of the sales claims against P, P, P, and H et al., and the distribution procedure for claims due to the deposit of SP et al. was commenced.