The judgment below

The guilty portion shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The court below found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), among the facts charged in the instant case, and dismissed the prosecution as to the violation of the Labor Standards Act and the Act on the Guarantee of Retirement Benefits for Workers. Since the defendant appealed on the guilty portion and the prosecutor did not appeal on the dismissed portion of the indictment, the dismissed part of the indictment was separated and confirmed as it is, it was excluded from the scope of the judgment in

The grounds for appeal shall be determined within the scope of supplement in case of “written supplement of the grounds for appeal” that is submitted after the deadline for submitting the written grounds for appeal.

In fact, the Defendant did not agree to deliver 100,000 won of ELD name to the Victim F Co., Ltd. (hereinafter “victim Co., Ltd.”) until early June 2014, until early 2014, the Defendant agreed to deliver ELD name 100,000 to the Victim F Co., Ltd.

The defendant's total amount of KRW 650 million received from the victim company has not only the nature as a collateral for the supply of goods, but also the nature as an investment for the construction of production facilities, and the victim company was fully aware of such circumstances.

On April 30, 2014, the Defendant concluded a monopoly supply contract with the victim company and performed the preparation to deliver ELD lighting to the victim company by starting the registration work of ELD's design and the construction of production facilities in China. At the time of the above monopoly supply contract, the Defendant had the intent and ability to deliver ELD's lighting.

Nevertheless, the judgment of the court below which convicted the Defendant of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was erroneous.

The punishment sentenced by the court below to the defendant (three years of imprisonment) is too unreasonable.

The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).