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All the judgment below is reversed.
Defendant
A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of two years, respectively.
(b).
Reasons
Summary of Grounds for Appeal
Defendant
Loans to J (hereinafter “J”) Co., Ltd. Co., Ltd. (hereinafter “J”) on the part of fraud indicated in Table 1 of the crime sight in the judgment of the court below against the victim Hyundai Capital Co., Ltd. in violation of A's A's lawioioiopia rule was made on the basis of a pledge over KRW 240 million around July 2012.
M Facilities Management Corporation and long-term siren contracts have been concluded, it is not intended to avoid the limitation on delivery of the type of modern car company, but to obtain loans from the victim company.
The obligation to repay a loan to the victim company is merely the responsibility of the J, not the responsibility of the defendant, and the defendant is not the defendant's own ability to pay the loan from the victim company normally in accordance with the installment contract, and thus the defendant is not deceiving the intent or ability to pay the loan.
The pertinent export goods and “other goods” referred to in Article 269(3)2 of the Customs Act shall not mean all goods other than those declared in accordance with the export declaration, but shall be deemed to mean all goods other than the goods declared in accordance with the export declaration, and shall be deemed to mean all goods other than the goods declared in accordance with the export declaration, and the identity between the goods declared in accordance with the export declaration and the goods actually exported after customs clearance shall be determined on the basis of the difference between the two 10 unit classification codes in accordance with the 10-stage classification system publicly notified by the Secretary of the Ministry of Finance and Economy.
Since the above 10-unit classification code is the same as that of the goods that the defendant reported in accordance with the export declaration and actually exported through customs, the defendant's act does not violate the above customs provisions.
Nevertheless, this part of the charges is found guilty and the penalty is also imposed.