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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B Imprisonment with prison labor of one year, KRW 150,000,000,000.
Reasons
1. Summary of the grounds for appeal;
A. (1) In regard to misunderstanding of facts, at the time of concluding the instant commercial building lease contract, the Defendants had the intent or ability to lease the commercial building to victims I by completing the construction work of the instant commercial building and leasing it to the victim I.
Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
(2) At the time when Defendant B borrowed KRW 400 million from J to the money for waste disposal business, Defendant B had the intent or ability to create profits through waste disposal business at the time when Defendant B borrowed KRW 400 million from J as the money for waste disposal business, and there was sufficient financial capability to repay the said money to the Defendants.
Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
(3) On July 30, 2010, J transferred all 200,00 shares of M (a trade name after alteration: N) owned by it and I to BA as to the fact of defraudation of 1.60,00 shares of 1.60,000 shares (the crime of subparagraph 2 in the case of 2013da804).
Therefore, Defendant B and J did not have concluded a share transfer contract on September 27, 2012, as stated in the facts charged in the instant case.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged on the grounds of the testimony of the J without credibility. In so doing, it erred by misapprehending the facts and affecting the conclusion of the judgment.
B. Each sentence of unfair sentencing (Defendant A: imprisonment of August, suspension of execution of two years, Defendant B’s imprisonment of one year and four months) of the lower court is too unreasonable.
2. Determination
A. (1) According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged in determining the assertion of mistake of facts.
(1) Defendant.