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1. The part of the lower judgment against Defendant A, C, and D shall be reversed, respectively.
Defendant
A, Defendant, and Defendant, respectively, shall be punished by imprisonment of two and a half years.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant A (misunderstanding of facts or misunderstanding of legal principles and unfair sentencing) securities forgery and forged securities events, and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the Defendant, etc. of the O president, P, etc. of the company, if a blank bill is issued and kept in the name of the company if it is a blank bill, withdrawn the company fund to the extent of the cover bill amount issued after the issuance of the cover note in the name of the company and then use it as a non-financial expense, and then bring it into the company fund. Accordingly, the Defendant introduced the blank bill in blank Branch and Vice-Chairperson of the Korea Bank (hereinafter “Korea Bank”) to the O president, after receiving a blank bill in the name of the company, and the Defendant added it to the O president, and introduced it to Q branch and Vice-head of the Korea Bank (hereinafter “Korea Bank”) by obtaining from S a copy of the cover note issued by B.
In other words, the defendant forged a blank cover note, and did not know the fact that he obtained a loan from the bank as a security, and the defendant cannot be said to have a functional control over the intent to jointly process each of the above crimes and a functional act.
Even if the defendant committed some act of facilitating each of the above crimes, the degree of the defendant's participation constitutes a aiding and abetting, not a joint principal offender.
Nevertheless, the judgment of the court below which recognized that the defendant conspireds to commit each of the above crimes is erroneous by misunderstanding facts or misunderstanding legal principles.
B) The Defendant did not fully know that D’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (in relation to capital increase, etc., KRW 50 million, which was presented to C by around December 2011, or KRW 30 million delivered around February 20, 2012, was a money created through the O president.
The defendant was finally aware of the fact that D paid a sum of KRW 40 million to C.