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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for one year and four months, respectively.
Reasons
The summary of the grounds for appeal is that the suspect interrogation protocol (No. 60,62,70 No. 50 of the evidence list) prepared by the misunderstanding of facts or misunderstanding of the legal principles constitutes “a false statement by deception or other means,” as prescribed in Article 309 of the Criminal Procedure Act, and thus, is inadmissible as it constitutes “a false statement by deception or other means.” Even if admissibility is acknowledged, the statement in the above suspect interrogation protocol is not reliable in light of the statement by the co-defendant B and the witnessO, etc.
Criminal facts
The Defendant related to paragraph 1, while trading with B for a long time, has accumulated the outstanding amount and urged payment. However, the Defendant refused to purchase by proxy with K (hereinafter “K”) on the ground that there was no proper understanding about B2B transaction, and thus, B andO refused to purchase by proxy with G Co., Ltd. (hereinafter “G”), and the Defendant entered into a contract for the supply of goods and the purchase by proxy (hereinafter “the purchase by proxy contract of this case”) on May 9, 2013, on the ground that B andO (hereinafter “G”).
The defendant did not deceiving the victim Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") because he properly implemented the terms of the above contract, and did not have any intention to deceive the victim.
Criminal facts
The content of the instant sales agency contract (hereinafter “instant sales agency contract”) related to paragraph 2 on May 31, 2013 is that G produces and supplies it to K by actually producing smelling products (i.e., smell smelling expenses) and K by K to act as sales agent.
In this regard, G tried to supply home shopping or other sales companies with the volume of K's demand for the supply of goods produced in advance and developed K's market. However, K and G failed to secure the sales company, which caused an insurance accident.
Therefore, the instant sales agency contract is a genuine contract.