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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
A fine shall not be paid by the defendant.
Reasons
Summary of Grounds for Appeal
A. The judgment of the court below which found the Defendant guilty of the instant loan under the premise that the Defendant received the instant loan under the name of C, rather than the Defendant, was not the Defendant, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the fact. Even though the Defendant was not a C but the Defendant, since the Defendant was temporarily unable to repay the loan due to the lack of financial circumstances, and the Defendant did not have a criminal intent to acquire the loan from the time of the instant loan. Thus, the judgment of the court below which recognized the Defendant by misunderstanding the fact that the Defendant was
B. The lower court’s sentencing (two months of imprisonment) is too unreasonable, even if not, on the one hand.
Judgment
A. The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., ① from the investigative agency to the court below, to the court below, the defendant was to receive monthly payment and to lend the name in return for lending the name that the defendant could not obtain a loan as a bad credit holder, and the defendant was not operating the marina in the name of the defendant as a partnership business. ② The victim A Capital Co., Ltd. and the Korean wave Co., Ltd. were purchased with the money borrowed from the victim Ajun Capital Co., Ltd. in the name of C, the actual operator of the XG car was also the defendant and the defendant, ③ The person in charge of the victim's foundation who was in charge of the loan in this case was stated to be able to guarantee additional amounting to about KRW 10 million due to the offer of apartment house as security, ④ The defendant did not have the criminal intent to obtain the loan by operating the marina in this case.