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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of two years and two months, and Defendant B shall be punished by imprisonment with prison labor of one year and six months.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. Defendant A1) Fact-misunderstanding ① 2014 Highest 5463: The Defendant received money as indicated in the [Attachment 2, 3, and 4] List of Crimes in the instant charges, but this was merely for granting AL a KS garment, and the Defendant did not exceed the “J”’s share of the operating authority.
Since the defendant delivered all the above money to B, the judgment of the court below which found him guilty of this part of the facts charged is erroneous.
② The 2014 Highest 5549 case: The Defendant, at the direction of B, established the AZ Co., Ltd. (the name of the company omitted the indication of the stock company) and explained the business on behalf of B or prepared the contract in lieu of B as a management director, and did not deceive the victim.
During the payment of profits to the victim, B was closed down due to the deduction and locked of the company's funds.
Therefore, the judgment of the court below convicting this part of the facts charged is erroneous.
③ The 2015 Highest case 2138: B decided to substantially operate the Z, and the investment amount was also remitted to B.
Defendant was accused of B.
Therefore, the judgment of the court below convicting this part of the facts charged is erroneous.
2) The punishment of the lower court is too heavy.
B. Defendant B (1) misunderstanding the fact, ① the 2015 Highest 2138 case: the Defendant did not deceiving the victims or receive money from the victims.
The defendant transferred the N, etc. to the AZ and only received the payment, and is irrelevant to the operation of the AZ.
The judgment of the court below which found the defendant guilty on this part of the facts charged is erroneous.
② 2015 고단 4160 사건: N 스낵 매장 인수가 늦어지면서 피해자 AD에게 그 대신 화장품 매장을 할 수 있게 해 주었다.
2) The punishment of the lower court is too heavy.
2. We decide on the Defendants’ assertion of mistake of facts.