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Defendant
All appeals filed by A and C Co., Ltd. and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts or misapprehension of legal principles (A) and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud) against the Victim J as stated in the judgment of the court below, and Defendant A did not commit any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud) and any fraud in the process of accepting L by the victim J from the victim J as stated in the judgment of the court below, and there was no intention to commit the crime of
Nevertheless, the court below found all of the charges guilty on the grounds as stated in its reasoning. The court below erred by misunderstanding facts or by misunderstanding the legal principles of fraud, which affected the conclusion of the judgment.
(B) In the process of borrowing money as stated in Articles 11 through 13 of the facts constituting a crime in the judgment below against the victim BD as stated in the judgment below, there is no false act of deception against the victim BD as stated in the judgment below, and there was no intention to commit fraud against the defendant A.
At the time of borrowing the above money, Defendant A had the intent to repay the victim BD and had the ability to repay the said money by operating BB (the main operator of the lawsuit). The victim BD was well aware of such circumstances.
In addition, Defendant A made various efforts to repay the debt to the victim BD by receiving petroleum equivalent to KRW 500 million from D Co., Ltd. after borrowing the above money, and attempted to obtain a credit guarantee of KRW 1 billion from the Credit Guarantee Fund.
Nevertheless, the court below found all of the charges guilty on the grounds as stated in its reasoning. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
(C) Each part of the crime of fraud against the victim BU as stated in the judgment below is identical to the facts constituting the crime No. 16 of the judgment below against the victim BU.