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Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for six months.
The judgment below
(2).
Reasons
1. Summary of grounds for appeal;
A. The prosecutor’s sentence (unfair sentencing) of the lower court (defendant A: imprisonment for 8 months, 2 years of suspended sentence, and 15,000,000 won) is too uneased and unreasonable.
B. Defendant B’s misunderstanding of the facts as follows: (a) Defendant B told Defendant A that “L Co., Ltd. (hereinafter “L”) and F Co., Ltd. (hereinafter “F”) constituted a consortium, thereby holding the right to remove a building on the ground at the site of the instant construction project and the right to construct a new building on the main floor; (b) concluded a contract for removal works with G Co., Ltd. around September 22, 2015; (c) Defendant B sent the horses of Defendant A to K in the course of subcontracting to the Vice-ChairpersonK of the Victim I Co., Ltd. (hereinafter “victim”) and did not deception the damaged company; and (d) Defendant A and the instant crime were not committed.
2) The sentence of the lower court’s improper sentencing is too unreasonable.
2. Determination
A. Defendant B asserted that Defendant B’s assertion of mistake of facts was identical to that of the above facts in the lower court, and the lower court rejected the said assertion in detail by providing a detailed statement on the judgment. The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, (i) Defendant A had no agreement with K and F on January 6, 2016, which was prior to the investigation by the investigative agency, constituted a consortium and entered into an execution contract with the landowner.
Recognizing that there was a false statement, Defendant B also stated to the effect that he was aware of the fact that he did not conclude a construction contract with the landowner (Evidence No. 120,123 pages), and Defendant B did not deliver the Defendant’s horses to K as they were, but did not deliver the Defendant’s horses to K, there was a fact that the owner of the land who did not have said fact and the owner of the land L and F
A false statement.