beta
Text
The judgment below
The guilty part against Defendant A and Defendant B shall be reversed.
Defendant
A. Imprisonment.
Reasons
1. Summary of grounds for appeal;
A. The grounds for appeal by Defendant B include that Defendants 1 and misunderstanding of the facts and misapprehension of the legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which the court below found guilty by all the Defendants, are stated in the grounds for appeal by Defendant B.
However, through the Defendant’s written opinion on April 22, 2020 submitted to this Court, the Defendants’ defense counsel “a recognition that Defendant A, as the representative director of the victimized Company at the time, violated his duties, provided the Defendant’s property as security for the purpose of securing the credit transaction of the victimized Company, thereby causing damage to the victimized Company by providing the Defendant’s property as security for the purpose of securing the credit transaction of the victimized Company.” However, since it is clearly stated that only the part concerning the calculation of the profit of the lower court was proved, Defendant A’s assertion of mistake and misapprehension
(i) With respect to D Co., Ltd. (hereinafter “damage Co., Ltd.”)’s land owned by D Co., Ltd. (hereinafter “Co., Ltd.”) with no property damage and a 1426.4m2 (hereinafter “instant land”) and a 4-story gas station building located on the pertinent land (hereinafter “the instant building”). With respect to the instant land, there is a set of several proposed collateral mortgages, a debtor, except for the first time, for D Co., Ltd. or F Co., Ltd. (hereinafter “Co., Ltd.”) with respect to the real estate and the damaged Co., Ltd.’s oil storage tank and the maximum amount of the damage Co., Ltd. (hereinafter “the instant real estate”) owned by D Co., Ltd., Ltd. (hereinafter “Co., Ltd.). In September 2005, F started to operate an O-owned gas station, and it was canceled by the so-called large exchange method, and with respect to the total amount of the instant real estate and the damaged Co., Ltd., Ltd.’s property KRW 3005.