사기
All appeals filed by the prosecutor against the Defendants are dismissed.
In light of the gist of the Prosecutor’s grounds for appeal (unfairness) that the Defendants did not resist the truth while denying the Defendants committed the crime, it is unfair that the lower court’s punishment, which sentenced Defendant A to the suspended sentence of ten months and the suspended sentence of two years to Defendant B, is too uneasible.
Judgment
Defendant
A used the victims' funds actually to repay the goods payment obligations, etc. to E Co., Ltd. for E Co., Ltd.; the Korea Credit Guarantee Fund, which guaranteed each of the loans of this case, paid the victims a total amount of KRW 95 million on behalf of the victims, and then filed a claim for damages against the Defendants, the decision of recommending settlement becomes final and conclusive. The court below stated in the judgment below that the Korea Credit Guarantee Fund paid part of the obligations pursuant to the decision of recommending settlement from the Defendants, and expressed its intent not to be punished by the Defendants in its revocation of the complaint against the Defendants; the Defendants paid all the remainder of the obligations pursuant to the decision of recommending settlement to the Korea Credit Guarantee Fund; there was no history of punishment for the same crime; Defendant B did not have any history of criminal punishment except for the amount of KRW 100,000,000 for the violation of the Establishment of the Republic of Korea Family Court as the Establishment of the Republic of Korea Family Court on September 11, 1985; the Defendants’ age, character, environment, motive and background of the crime, degree of damages, and circumstances after the crime.
In conclusion, the appeal by the prosecutor against the defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.