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The judgment below
Of them, the part on the fraud against Defendant A and B shall be reversed.
Defendant
A and B shall be punished by imprisonment.
Reasons
1. Summary of grounds for appeal;
A. Defendant F did not instruct Defendant F to the effect that “T Co., Ltd. (hereinafter “T”) issued to V Co., Ltd. (hereinafter “V”) around January 7, 201, and that V issued to W Co., Ltd. (hereinafter “W”) for the purpose of solving the bill of KRW 132 million.
The statements of D presented by the court below as evidence of guilt cannot be reliable, and the remaining evidence alone is insufficient to recognize the above instruction facts as to Defendant F's above.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.
B. The prosecutor's court below found the Defendants not guilty of the Defendants' violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (influence) and the Defendants B and A' fraud, based on the following circumstances. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
1) Defendant C (1) of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) by the Defendants, Defendant C appears to have known that there was no way to prepare funds other than the net soil price at the construction site of this case, ② instructed B to raise funds of KRW 120 million, and then received reports on the specific method and amount of raising funds.
Considering that it conforms to the empirical rule, and ③ the fact that Defendant C was aware of the fact that Party B additionally raised funds for net price of supplied goods, in light of the fact that the payment of the price of supplied goods by raising funds for net price of supplied goods was approved.
Since it is reasonable to see that the intention of breach of trust concerning the total amount of funds actually created is recognized.
(2) Defendant C directly ordered B to create KRW 165 million. The foregoing amount is ① The AG Corporation ordered by AC Co., Ltd. (hereinafter “victim Company”).