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Defendant
C All appeals filed against C and the Defendant A and B of the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor, Defendant A and B filed an application for a loan with the victim Lbank under the name of Defendant A, the wife of Defendant A (hereinafter “victim”) and submitted a false advance payment document equivalent to at least 141 million won to which the victim bank was granted a loan of at least KRW 970 million in the above AH. Thus, the court below found Defendant A and B not guilty of this part of the facts charged. In so doing, the court below erred by misapprehending the legal principles and misapprehending the legal principles.
B. Defendant C’s misunderstanding of the facts as follows: (a) Defendant C obtained a loan of KRW 963 million from the affected bank; and (b) submitted the false advance payment document equivalent to KRW 1.62 million and the genuine advance payment document equivalent to KRW 84.5 million; (c) Defendant C’s loan of KRW 547,927,136 ( KRW 963 billion plus KRW 1.062 billion / 1.86 million) out of the Defendant C’s loan, Defendant C’s loan of KRW 547,927,136 ( KRW 963 billion) shall be deemed to have been granted a loan with a false advance payment document; (d) the lower court recognized a crime of fraud against the total amount of the loan. In so doing, the lower court erred by misapprehending the facts.
2) The lower court’s improper sentencing is too unreasonable.
2. Determination
A. Judgment 1 on the grounds of prosecutor’s appeal 1) The summary of this part of the facts charged is as follows: Defendant A and B have operated entertainment establishments with the trade name “J (Change to K around February 10, 2010)” in Gangnam-gu Seoul, Seoul.
Defendant
A and B, as security, came to know that the credit against the owners of entertainment establishments in Gangnam, such as Macro and contact loans, will be granted to the employees of entertainment establishments in Gangnam, and the loan will be made easily by using a specialized loan of entertainment establishments in the affected bank (defaling loan). As such, a person who will prepare a false advance payment document in order to use the loan for the operation of the above entertainment establishments.