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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
The summary of the grounds for appeal is that Defendant A is guilty of mistake of facts or of fraud against Victim C by misunderstanding the legal principles, and there was no intention to commit fraud.
Even if it is not so, there is no causal relationship between the Defendant's deception and the issuance of the victim BE per share.
The issue of extending the maturity of loans in an amount of KRW 1 billion to Q Savings Bank of an agricultural company BF Co., Ltd. (hereinafter referred to as “BF”), the representative director of which is the BF, is the fact that the defendant, who is the director of BF and the president of the Seoul Branch, has managed the affairs as the representative of the company on behalf of the director who is the representative director, is not a solicitation for another person's case
The amount of KRW 3 million that the defendant received from theO is equivalent to the rent for the use of the office of the Seoul branch office of BF, or is part of the annual salary that the defendant would receive, and is not the remuneration for good offices.
On November 24, 2015, the Defendant was holding a total of KRW 1.5 billion in face value of W issuance at the time of the Defendant’s fraud with the victim’sO, and the Defendant additionally received KRW 30 million from the victim’sO on the ground that X bill may bring about KRW 1.5 billion in face value.
Since then, W-Issuances did not bring about the bills that B promised to do, but the defendant did not deceive the victim'sO and did not have the intention of defraudation.
The Defendant did not request or give instructions to B that B make it possible to erase the face value and date of issuance of two copies of the check (number AD, AE, hereinafter referred to as “the check of this case”) in blank.
In the face value column of the instant check, there was no fact that the instant check stated “one hundred million won per day”, “28 February 2016” and “30 March 20, 2016” on the issue date column.
The lower court’s sentence of unfair sentencing (one year and six months of imprisonment, fine of ten million won, additional collection of KRW 3 million) is too unreasonable.
The prosecutor's mistake or misunderstanding of legal principles.