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The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
1. The main point of the grounds for appeal is that the punishment of the court below (the penalty of 6 months, 18 million won, and 12 million won shall be additionally collected) is inappropriate.
2. Determination that Defendant A linked to F and Defendant B obtained profits from the instant crime, and the degree of participation is not easy, Defendant A was subject to heavy punishment several times, Defendant B was introduced to G through Defendant A, etc., as it is between Defendant A and Japan Bank H, the intermediary counterpart, and Defendant B was subject to heavy punishment, etc.
However, Defendant A recognized the crime of this case and reflects on the fact that Defendant B also recognized the crime of this case at the trial. Defendant A was established on November 9, 2012 and the crime of this case, Defendant B should consider equity with the case of criminal fraud finalized on June 22, 2010, and at the same time with the case of criminal fraud finalized on June 22, 2010. Defendant B’s family member and branch members wished to take advantage of social ties, and the above Defendant appears to have social ties, such as the fact that the profits acquired by the Defendants are not relatively large amount, the sentencing factors favorable to the Defendants and other various sentencing conditions indicated in the records of this case are inappropriate.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit.
Criminal facts
In addition to adding "1. Defendant B's legal statement" to the main column of the evidence, the summary of the crime and the evidence admitted by the court is identical to each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 30 of the Criminal Act, and imprisonment with labor for the crime;