Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for a year and six months.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding the facts as to the instant company: (a) since the instant company operated by the Defendant had a claim for the price of goods exceeding KRW 1.2 billion against BI on February 2019; (b) the Defendant did not deceiving the victims or engage in goods transaction by deceiving them without any intent to repay or having no ability to repay. In addition, from November 2018 to the victim JJ, the Defendant borrowed 130 million face value or promissory notes in succession; (c) the victim D did not supply 40 million face value or promissory notes to the Defendant in violation of the said contract and did not dispose of the entire amount of the said boxes, thereby preventing the Defendant from paying the price of the said boxes (in spite of the fact that the Defendant did not dispose of 40,000 face value of the said boxes, the lower court did not have any error of misapprehending the legal principles as to 20 million face value or 20 million face value of the said boxes (which did not have any influence on the Defendant’s acquisition of the said boxes by 16099).
B. Defendant B (unfair punishment)’s imprisonment (two years of imprisonment) is too unreasonable.
C. The lower court’s punishment against the Defendants is too uneased and unreasonable.
2. Determination
A. Defendant A’s assertion of misunderstanding of facts
As to this, the lower court is legitimate.