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Reasons
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(영문) 인천지방법원 2016.03.24 2015노4554
사기
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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found Defendant A guilty of the facts charged, on the ground that Defendant A was only the victim of the fraud crime committed by Defendant A, and did not have known or had not been aware of the fraud crime committed by Defendant A, and did not assist him. Therefore, the lower court erred by misapprehending the legal doctrine on the facts charged against Defendant A.

B. The sentence that the court below sentenced the Defendants (Defendant A: fine of 5 million won, Defendant B: imprisonment of 1 year) is too unreasonable.

2. As to Defendant A’s assertion of mistake of facts

A. The summary of the facts charged is that Defendant A is the representative director of “H” corporation located in Gangseo-gu Busan Metropolitan Government G (hereinafter “H”), and was appointed on May 9, 2013 as the representative director of “J” (hereinafter “J”) located in Hancheon-gu, Nowon-gu, Seoul Metropolitan Government. B is the chairman of J.

B was unable to establish a plan to take overJ from around September 2012 to lend the name of Defendant A to K Co., Ltd. (hereinafter “K”) with respect to the takeover and operation of the J, but the acquisition fund is insufficient and to operate the J temporarily on May 3, 2013 in order to operate the J temporarily on the same date from May 16, 2013.

8. up to 31. 31. The lease agreement of 700 million won for rent was entered into with K.

B, as seen above, with the sign language that concluded a short-term lease contract with K for a three-month period of lease, it was intended to borrow the shop and restaurant in J to the lessee by transferring the stores and restaurants within J to the victim M.

B From May 6, 2013 to May 6, 2015, the term of lease is extended to KRW 150,000,000,00,000 from May 7, 2013 to May 6, 2015, the victim’s husband N, who took over J, and that it would allow the operation of a restaurant within the J during the period of sub-lease, if the deposit is paid by the former.

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