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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles are paid KRW 908,429,00 as investment money to be used for scrap metal business, etc. by the victim H, and in fact G I (hereinafter “J”).
b)K (hereinafter referred to as “N”) as an incorporated association;
Since the project to be supplied with scrap metal from others was carried out, there was no deception of the victim and there was no intention to defraudation. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.
B. A prosecutor 1) In light of the fact that Defendant B was aware of the fact that Defendant B had no ability to receive scrap metal, etc. from J or N because Defendant B failed to supply the scrap metal properly to Defendant B, which is an investor of the previous scrap metal, and Defendant B paid damages to AP by means of the amount received from the victim, the court below determined that Defendant B conspired with the Defendant A to recognize the fact that “the deposit can be sought at a low price of waste wire and scrap metal, so that the victim would be deposited,” and that Defendant B could not be recognized the fact of deceiving the victim by deceiving the victim. However, the court below erred by misapprehending the legal principles and misapprehending the legal principles.
2. We examine the judgment on the assertion of mistake of facts and misapprehension of legal principles by Defendant A, and the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below and the trial court. In other words, Defendant A entered into an agreement with the victim on four occasions from January 15, 2008 to May 29, 2008 on the condition that the victim and the victim designate P Co., Ltd. in substance operated as G's partner company, under the condition that the victim and the victim designate P Co., Ltd. as G's partner company, and the victim received money from the victim, and thus, Defendant A received money from the victim.