Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A is not guilty. Defendant B and C of the Prosecutor.
Reasons
Summary of Reasons for appeal
A. Defendant A1) misunderstanding of the facts and the legal principles, Defendant A had the ability and intent to manufacture a facility for diversating seawater by means of a separate system to prevent it from being separated, and thus there was no deception by the victimJ as stated in the facts charged.
Defendant
A The victim J was accused by the victim
Even if the profit derived from the above is the other party to the contract for the manufacture of the hydrogen plant of this case, it is not the amount equivalent to advance payment.
When the contract with the defendant A was concluded, the victim J paid advance payment to the defendant A as a subsequent enforcement act in accordance with the relevant laws and regulations. Thus, it does not recognize the relationship between the defendant A's deception and the victim J's advance payment act.
2) The sentence of the lower court (one year of imprisonment, three years of suspended execution) that was unfair in sentencing is too unreasonable.
B. According to the evidence submitted by the Defendant C’s misunderstanding of the facts, even if the Defendant C was aware that it was manufactured as a multi-story unit, not a unit to prevent the separation of the design, it can be acknowledged that the Defendant C’s piracy protocol, which is an official document, was falsely prepared and used.
Therefore, the court below acquitted Defendant C, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.
2) The lower court’s respective sentences (the suspended sentence of Defendant B’s imprisonment with labor for six months) against Defendant A and B, which were unfair in sentencing, is deemed too uneasy and unreasonable.
Defendant
A Judgment on the misunderstanding of facts and misapprehension of legal principles
A. The Defendant is operating the I Co., Ltd. (hereinafter “I”) in the South Y in the North Ham-gun of the facts charged.
The J promoted "K" and ordered to purchase the government-funded materials of L, M, N, andO around March 2012. According to the plan of the above sea water desalination facilities, the leisure devices, which are all disposal facilities of sea water desalination facilities, have been designed as a separate system.
1) The Defendant left before May 16, 2012.