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1. The first and second-A of the judgment of the court below
Part concerning the crime shall be reversed.
Articles 1 and 2-2 of the Criminal Procedure Act.
Reasons
1. The summary of the grounds for appeal: The Defendant asserted the original mistake of facts as the grounds for appeal, but withdrawn the above mistake of facts through the Defendant’s statement on August 11, 2014, reference documents submitted by the Defendant’s defense counsel, and on the second trial date.
The sentence of the lower court against the Defendant (the first and second crimes: imprisonment with prison labor for 10 months and the second-b. of the holding: imprisonment with prison labor for 2 months) is too unreasonable.
2. The amount received by the Defendant in return for the instant intermediary act with his accomplices is large to KRW 140,000,000,000. The Defendant committed the instant intermediary taking-off crime in terms of promoting a criminal act by an executive officer or employee of a financial institution. The Defendant, as a result of the investigation into the instant intermediary taking-off crime, requested G, an accomplice, to not receive a telephone from an investigative agency, etc. after the crime was committed. Each of the instant fraud crimes was committed by the Defendant, on nine occasions in terms of the cost of loan taking-out from L to the victim, by acquiring KRW 35,10,00,000 through two times in consideration of the frequency, period, and method of deception, etc. of the crime. In particular, each of the instant crimes was a repeated crime, and the above 1.2 million won (b) as a repeated crime, and since one month has not elapsed after the execution of imprisonment with prison labor as the same kind of crime, it is disadvantageous to the Defendant.
However, each of the crimes of this case was committed by the defendant, and the defendant was committed in depth. The degree of the defendant's participation in the crime of this case was relatively more severe, and it cannot be deemed that there was a substantial benefit in comparison with his accomplice, and the defendant agreed with the victim of the crime of this case, and the victim reached an agreement with the victim of the crime of this case.