특정경제범죄가중처벌등에관한법률위반(사기)
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. In other words, Defendant A1 did not intend to purchase the land located AB and AC (hereinafter “instant land”) owned jointly by the victim K (hereinafter “victim”) with AL, which is a mother-child, and the Defendant did not intend to engage in any work in the course of the loan or deception, in addition to the introduction of B.
Defendant
A requested the victim to grant a loan from J Savings Bank Co., Ltd. (hereinafter “J Savings Bank”).
Even if at the time, Defendant A had the intent not to hold the victim liable as the principal debt administrator, and the J Savings Bank did not have anticipated that the victim would actually suffer from the actual damage due to the loan. Therefore, Defendant A had no intention to commit a crime of fraud.
Nevertheless, the lower court found the Defendant guilty of the facts charged of the instant case to have erred by misapprehending the legal doctrine.
2) The sentence sentenced by the lower court to the Defendant (a three years and three months of imprisonment) is too unreasonable.
B. Defendant B (1) misunderstanding of the legal principles or misunderstanding of the facts, Defendant B did not conspired with Defendant A to commit the instant fraud, and Defendant A cooperated with or was involved in the resolution of the instant fraud crime.
shall not be deemed to exist.
Defendant
B did not borrow KRW 600,000 from H, and with the direction of Defendant A, K transferred to H on December 20, 2010 by Defendant A, the amount is not the name of Defendant B’s debt repayment, but the amount under a separate legal relationship between Defendant A and H, not the name of Defendant B’s debt repayment. Nevertheless, the lower court found Defendant guilty of the facts charged in this case. In so doing, it erred by misapprehending the legal doctrine or misapprehending the legal doctrine
2) The sentence sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.
(c)
The above punishment of the court below, which the court below decided against the defendants, is too unhued and unfair.
2. Determination
A. Defendant A's.