특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. misunderstanding of facts ① E Co., Ltd. (hereinafter “E”) operated by the Defendant did not require H Co., Ltd. (hereinafter “H”) to grant a loan, and H entered “F” in the X- original decision of the lower court, but the trade name of the said corporation is “X” on the corporate register, and thus, indicated “X” in the corporate register.
(2) The court below found the Defendant guilty of not guilty of the part of the loan amounting to KRW 500 million on the ground that the loan amount of KRW 500,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00,00,00,00.
B. The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.
2. Determination:
A. 1) As to the assertion of mistake of facts, the lower court legitimately adopted the allegation that E is not a real borrower.