특정경제범죄가중처벌등에관한법률위반(사금융알선등)등
The judgment below
Of those, the guilty part against Defendant A and B shall be reversed.
Defendant
A and B shall be punished by imprisonment for three years.
1. Summary of grounds for appeal;
A. Defendants (1) through misunderstanding of facts or misunderstanding of legal principles, and violation of the Punishment of Violences, etc. Act (joint injury) by Defendant A and B (joint injury) suffered an injury by Defendant B with a chance to flee, and Defendant A and B did not inflict an injury on F.
Defendant
A and B’s special robbery passbook and bond documents are as follows: “F will get off Gwangju and will impair S,” and there is no fact that Defendant A and B have taken the passbook, bond documents, etc.
Defendant
A’s computer, etc. fraud, theft Defendant A, in fact, owns a passbook under the name of F or himself/herself’s family members, and G was able to withdraw the money first, and released money from F’s account by informing the password as a delivery of money.
The Defendants’ violation of the Punishment of Violences, etc. Act (joint confinement) is the nominal owner of the head of the Tong, who is in charge of KRW 200 million, but the head of the Do must keep the birth together in the name of the Do resident, and the Do resident should go to Gwangju, thereby getting off the Do resident into Gwangju, and there was no fact that the Defendants detained F with the Do resident.
(2) The sentence imposed by the lower court on the Defendants (three years of imprisonment for each of the Defendants A and B, five years of suspended execution, one hundred and sixty hours of community service order, six months of imprisonment for Defendant C and two years of suspended execution) is too unreasonable.
B. In full view of the following circumstances: (a) Defendant A and B made a clear statement that Defendant A would not have made any investment if Defendant A was not in the position of the Vice-President of Nonghyup; and (b) S transferred a large amount of KRW 1 billion to only six months, which is a large amount of KRW 1 billion, and the relationship between S and Defendant B was not excessive six months prior to the occurrence of the instant case; and (c) the fact that Defendant A and B conspired to arrange the lending of money for Defendant A’s account by taking advantage of the status of the Vice-President of Nonghyup.
(2) The court below held against the Defendants.