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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, for eight months, for Defendant B and for 10 months, for Defendant C.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (the defendant A: one year of imprisonment; eight months of imprisonment; ten months of imprisonment; and six months of imprisonment) is too unreasonable;
2. Determination as to Defendant A, B, and C
A. In light of the fact that the crime of this case committed by the Defendants in collusion with Defendant D and I by deceiving the victim in a planned and systematic manner, thereby interfering with the exercise of the right by means of arbitrarily transferring the vehicle on which the right to collateral security was established in collusion with Defendant A, and that it is not good to the nature of the crime due to the insult of Defendant C, and that the degree of the Defendants’ participation in the crime in the fraud of loans is not somewhat weak and that the amount of fraud is also considerable, the responsibility of the Defendants is not weak.
B. Meanwhile, there are extenuating circumstances such as that the Defendants both led to the confession and reflect of the crime, Defendant A, and C did not have been sentenced to the previous punishment and sentence, Defendant B did not have been sentenced to the punishment since 1998, Defendant A and B deposited KRW 5 million for the victims of the fraud of loans, and Defendant C agreed with the victim Y.
In addition, considering all of the sentencing conditions in the instant case, such as the Defendants’ age, family relation, living environment, motive, details and result of the crime, and circumstances after the crime, the sentence of the lower court is too unreasonable.
3. Ex officio determination on Defendant D
A. According to the records, on November 14, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Game Industry Promotion Act at the Seosan Branch of the Daejeon District Court, and the Prosecutor appealed, but the Daejeon District Court rendered a judgment dismissing the appeal on June 12, 2014. Although the Defendant filed an appeal, the Daejeon District Court rendered a ruling dismissing the appeal, and notified the Defendant of the ruling dismissing the appeal on July 1, 2014, and the above judgment became final and conclusive around that time.