All appeals filed by A and B and by the Prosecutor against Defendant A and F are dismissed.

A. Defendant A (1) In the instant facts charged, there was only a fact that Defendant A requested AM, who operates an AL certified broker office in Ansan in the inside and outside of Korea, to prepare a lease agreement, and there was no fact that Defendant A was involved in a joint crime with B, C, and Q, and there was no fact that Defendant A participated in the crime, and the lease agreement entered into in the name of Defendant A was forged.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by convicting all of the facts charged in the instant case.

(2) In light of the fact that: (a) Defendant A was sentenced to imprisonment with prison labor for a crime of fraud at the District Court on May 1, 2015 and the judgment became final and conclusive on the same day; (b) the instant crime and the instant crime for which the judgment became final and conclusive should take account of equity with the case of concurrent crimes after Article 37 of the Criminal Act; and (c) deposited KRW 7 million for the recovery of damage, etc., the lower court’s sentence that sentenced Defendant A to imprisonment with prison labor for a year and six months is too unreasonable.

B. Defendant B (unfair sentencing) recognized the error of Defendant B, and Defendant B was sentenced to three years of imprisonment for a crime of fraud at the Jung-gu District Court on December 19, 2014, and the above judgment became final and conclusive on July 9, 2015. On August 30, 2016, it was sentenced to one year and six months of imprisonment for a crime of fraud, etc. on December 23, 2016 and the above judgment became final and conclusive on December 23, 2016. In light of the fact that the crime of this case and the above offense for which the judgment became final and conclusive should be considered at the same time in the relationship of concurrent crimes after Article 37 of the Criminal Act, the lower court’s sentence that sentenced Defendant B two years of imprisonment is unreasonable.

(c)

The prosecutor (the defendant A and F) committed the instant crime by abusing the loan system of the National Housing Fund for the stabilization of the residence of ordinary people.