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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. Although it was true that Defendant D Co., Ltd., which actually operated by Defendant (De facto misunderstanding or misunderstanding of legal principles), did not pay KRW 4,842,11,560 for the supply price according to the solar batteries supply contract concluded between Defendant and the victim, it was merely impossible to pay the price due to the aggravation of management conditions or overall business promotion conditions, unlike the Defendant’s anticipated after the conclusion of the supply contract, and did not enter into a supply contract without the intention of initial payment. The Defendant was guilty of the facts charged against the Defendant, even though he was unaware of the fact or breached the rules of evidence, which affected the conclusion of the judgment.
B. The lower court’s sentencing (three years of imprisonment) is too uneased and unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged is that the Defendant is a person who actually operates Co., Ltd. E and F, a company established to support the Co., Ltd. and the above co., Ltd. to build solar power plants.
The Defendant, on December 2, 2008, concluded a contract for the supply of solar batteries in an amount equivalent to 900 million won with the victim company on August 10, 2008, the transfer of this case, on the ground that the Defendant was supplied by the victim company on September 15, 2008, but did not pay the balance of 400 million won until September 15, 2008, the remainder of which is the payment date. Therefore, the Defendant, who did not trust the Defendant, supplied the G, a person in charge of the business, such as the agreement for the supply of solar batteries of the victim company Gyeongdong-gu, Seoul, to the company requested by the Korea Cooperatives, for the supply of solar batteries.
If so, a bank shall be established from the company after the solar power plant has been installed with the batteries.