특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
Defendant
A Imprisonment for a period of four years and six months, and for a period of eight months, each of the defendants C shall be punished by imprisonment.
(b).
The summary of the grounds for appeal is as follows: Defendant A, Defendant A, and the defense counsel withdrawn the misunderstanding of facts and misapprehension of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud on the fifth trial date at this court.
C The sentence of the lower court (Defendant A: 5 years of imprisonment, Defendant C: Imprisonment with prison labor for 8 months, and 1 year of suspended execution) is too unreasonable.
According to the evidence submitted by the Prosecutor, it can be sufficiently recognized that Defendant B and C are joint principal offenders who actively participated in the instant loan fraud crime by Co-Defendant A., Ltd.
Nevertheless, the lower court erred by erroneous determination of Defendant B and C as not guilty of each of the charges of fraud, including violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).
The punishment sentenced by the court below to Defendant A and C is too uneasy and unfair.
We examine the reasons for appeal ex officio prior to the judgment.
At the second trial of this court, the prosecutor added "Article 32 (1) of the Criminal Act" to the name of the crime, "Article 32 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes", while maintaining the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the facts charged of fraud to the defendant B and C as the primary facts charged, and added to the name of the crime in preliminary.
3.(b) A request for amendments to Bill of Indictment was made for the addition of the ancillary facts charged, as described in paragraph (1). This Court permitted this.
In addition, at the trial date of this court Nos. 4 and 5, the prosecutor applied for the amendment of the indictment with respect to the facts charged against Defendant A and the primary ancillary facts charged against Defendant B and C in the attached list of crimes Nos. 40, 41, 56, 62 in the attached list of crimes and the last facts charged against Defendant B and C, and the amendment of the indictment with respect to the attached list No. 40, 41, 56, 62 in the attached list of crimes. The court permitted this.
. As such, this shall apply.