Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

When considering the following circumstances, the prosecutor's argument that the defendant A was guilty, the judgment of the court below which acquitted the above defendant on the charge of fraud is erroneous in the misapprehension of facts.

At the time when the Defendant received a bill from the injured party, the Defendant was obligated to pay approximately KRW 280,000,000, including approximately KRW 120,000,000 to V.

Around February 6, 2015, when the Defendant was accused of fraud from employees S of V, the Defendant received the instant bill from the injured party to terminate the accusation case. The Defendant issued the instant bill to V, and the said S’s complaint was revoked on March 2015.

Although the Defendant received from V the raw materials equivalent to KRW 68 million, and processed and sold them, and was planned to pay the victim the profits therefrom. However, it is impossible in reality to pay KRW 93 million up to February 25, 2015, and KRW 50 million up to April 23, 2015, which is the initial due date for payment.

The defendant has not paid a discount on bills to the victim until now.

Defendant

The court below sentenced A to a suspended sentence of four months for the crime of bodily injury. The defendant's fraud was guilty and considering all such circumstances, the court below's punishment is too unfortunate and unfair.

Defendant

It is unfair that the sentence of the court below (2 million won in penalty) declared by the court below against B is too unhued.

Defendant

A The Defendant submitted a petition of appeal on November 2, 2016, but did not submit the grounds for appeal.

As to the Prosecutor’s assertion of mistake as to the facts against Defendant A, Defendant A (hereinafter “Defendant A”) of this part of the facts charged refers to Defendant A (hereinafter “Defendant”) on February 11, 2015, at the “R” office located in Q in Q Q in Sung-si around February 11, 2015.