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The judgment below
Of them, the part of conviction against the Defendants (including the part of innocence) shall be reversed.
Defendant
A. Imprisonment.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant A and B1’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by misunderstanding the facts and misunderstanding the legal principles (Article 2(1)1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes as stated in the judgment below), the
In light of the fact that there was no contract for the actual construction price, the construction price has been unrefilled.
The Defendants cannot be seen as having entered into a loan agreement for industrial facility loans of KRW 2,800,00,000 between the Defendants on September 14, 2012 with the victim of the Korea Development Bank and KRW 7,800,000 in total of the loans for the rationalization of energy use loans of KRW 5,00,000 in total.
(hereinafter the same shall apply)
At the time, it was not known that the construction cost was unrefilled.
N Co., Ltd. shall reduce “N” as such and omit the indication “stock company” in the name of another company below convenience.
The initial capital payment was around July 201, and the application for the loan of this case was made after about one year thereafter, and thus the initial capital payment does not constitute a deception related to the execution of the loan of this case.
Unlike the initial plan regarding capital increase plan, substantial capital increase has not been properly made due to the wind that it is difficult to raise funds, and the defendants do not have the same meaning as stated in this part of the facts charged at the time of the application for the loan.
Some of the instant loans have been used for purposes other than construction cost, but the Defendants did not intend to use the loans for such purposes from the beginning.
2) The lower court’s sentencing (five years of imprisonment with prison labor for Defendant A and two years and six months of imprisonment with prison labor for Defendant B) against the illegal Defendants is too unreasonable.
B. Defendant C1) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) is the misunderstanding of facts and misapprehension of legal principles.