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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
, however, the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts) Defendant A is a stock company E (hereinafter “instant company”).
3) The Defendant is the Defendant’s representative director, and the Defendant is the Defendant’s representative director.
A) A contract for the supply of goods as indicated in the holding that it was concluded on November 24, 2009 (hereinafter “instant contract”).
There is no part in the contract, and Defendant B entirely concluded the contract of this case. The Defendants did not have the intention to commit fraud, and if loans were granted from a business bank branch that was promoted at the time of the contract of this case, they did not have been granted a loan to the victim to pay the construction price. 2) The sentence (one year of imprisonment) sentenced by the lower court of unreasonable sentencing is too unreasonable.
B. Defendant B (Definite) did not have the intent to commit fraud. In the event that a loan was made from a branch of a corporate bank that was promoted at the time of the instant contract, the loan was not made to the victim and the loan was not made.
2. Determination
A. In full view of the following circumstances acknowledged by each evidence, the lower court convicted the Defendants of the instant facts charged, deeming that the Defendants could sufficiently recognize the facts charged.
① On November 24, 2009, Defendant A was the representative director of the instant company at the time when the instant company and H entered into the instant contract, and Defendant B was in charge of the position of “chairperson” of the instant company.
In addition, the victim agreed with all the Defendants in the process of concluding the instant contract, and the Defendant A jointly and severally guaranteed the obligations of the instant company under the instant contract, and on October 6, 2010, H as the representative director of the instant company, was unable to receive the cost of the low temperature warehouse facilities set up in the multilateral factory of the instant company by October 10, 2010, the said machinery was removed.