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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for one year.
The judgment below
part of acquittal.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, in collusion with E or F, obtained money from C by mistake of facts or misapprehension of the legal doctrine.
B. Improper sentence of the lower court (one year and six months of imprisonment) is deemed unreasonable.
2. Judgment on the grounds for appeal
A. (1) The summary of this part of the facts charged is the chairperson of the D Welfare Foundation (hereinafter “Welfare Foundation”) and E is the vice head of the D Welfare Foundation, and F is the defendant, F, E, etc. as the head of the Business Headquarters, although the defendant, F, etc. was not authorized to collect and dispose of disused goods from the Ministry of National Defense, C, E, and Korean power, etc., such as scrap metal, waste transformers, and so on, but was registered as a welfare cooperation foundation, he/she would be allowed to conduct the above business by deceiving the defendant as if he/she were registered as the welfare cooperation foundation.
E As above, at the welfare foundation office located in Songpa-gu Seoul, Songpa-gu, Seoul around August 29, 2014 following the public invitation of the Defendant et al., “D welfare foundation is an agreement with respect to the collection of the strike discharged from the Gu and Samsung Factory,” so it can be allocated annual 10 billion won through several contracts, and it can be granted business rights to be registered as a cooperation company of the welfare foundation.
The phrase “a contract deposit to be registered as a collaborative company and KRW 50 million, and KRW 20 million for business promotion,” and the F prepares a business agreement containing the above contents.
However, there is no intention or ability to conclude a contract with C to purchase the sold goods from the above factory, even if C receives money in terms of contract deposit and activity expenses, since the welfare foundation was not authorized to collect the sold goods from the EL and Samsung factory in the old and the old.
The Defendant and E, and F, deceiving C as such, shall be a new bank in the name of F around September 1, 2014 in terms of contract deposit and activity expenses from C.