2. Each of the instant crimes committed by the Defendants is a situation unfavorable to the Defendants, such as: (a) the Defendants conspired with the defraudeds of loan funds in a systematic manner by abusing the fact that the loan of money for lease on a deposit basis is not strict in the course of lending examination and recovery as a guarantee by the Korea Housing Finance Corporation; and (b) the nature of the crime is not good; and (c) the Defendants would resolve the problem of public funds of the Korea Housing Finance Corporation and ultimately cause substantial damage to ordinary people.

However, the defendants led to the confession of the crime of this case and divided their mistakes. In the crime of this case, the defendants act as tenant and the role of lending their names in the process of organized crime is relatively minor and their participation appears to be merely a part of the amount actually distributed by the defendants. In the case of the defendant A, there is no criminal power in the case of the defendant A, there is no criminal power in the same kind and fine, in the case of the defendant B, there is no part of the damaged amount, in the case of the defendant B, and the social relation between the defendants seems to be relatively clear. Considering the various sentencing conditions under Article 51 of the Criminal Act such as the defendants' age, character and behavior, environment, motive, means and consequence of the crime, etc., the prosecutor's assertion is without merit since each sentence of the court below against the defendants is too unreasonable.

3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so ordered as per Disposition.