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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.
However, the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (A) misunderstanding of facts) Occupational embezzlement under the name of interest, false entry in the original notarial deed, the exercise of false entry in the original notarial deed, fraud, and attempted fraud (1) J had approximately KRW 200 million claims against I around March 2007.
On March 2007, the Defendant paid to J KRW 150 million on behalf of J and paid to J KRW 150,000 to I, and imposed upon I a loan claim amounting to KRW 150,000,000 on I.
(2) The Defendant returned KRW 20 million from I on May 28, 2009, and KRW 30 million on or around June 26, 2009, and KRW 5 million among them repaid I’s debt to Co-defendant B, and the remainder KRW 45 million repaid I’s debt to the Defendant.
(3) On December 16, 2009, the Defendant had a loan claim of KRW 15 million against I (i.e., KRW 150 million - KRW 5 million - KRW 5 million) with respect to I, and Co-Defendant B had a loan claim of KRW 65 million against I. The Defendant and Co-Defendant B had a loan claim of KRW 170 million in total against I, but the Defendant and Co-Defendant B had a loan claim of KRW 170 million against I for convenience. However, Co-Defendant B had a loan claim of KRW 170 million in total against I.
(4) Therefore, even if the Defendant paid interest on the loans worth KRW 170 million in the name of Co-Defendant B, or issued a promissory note with KRW 170 million in the name of Co-Defendant B and filed a lawsuit based on it, it cannot be deemed that the crime of occupational embezzlement, the crime of false entry in the original copy of the authentic deed or the crime of fraud, the crime of fraud, and the crime of attempted fraud are established, since it merely exercises a legitimate claim.
B. Since the Defendant was a person with bad credit standing before January 2007, the Defendant received the salary of the representative director under the name of the representative director because he could not receive the monthly salary formally because he was a person with bad credit standing, and thereafter, the Defendant received the expenses for the maintenance of the dignity of the pute of the start-up business operator and the teaching expenses necessary for his duties.