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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misunderstanding of facts, even if the defendant conspireds or did not jointly commit the crime of this case with the defendant A, and even if he aided part of the crime of this case by the defendant A, this is merely an aiding and abetting.
B. Each sentence of the lower judgment against the Defendants (Defendant A: 10 months of imprisonment, 2 years of suspended sentence, 6 months of imprisonment and 2 years of suspended sentence) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below and the court below, the structure of a loan from the Korea Credit Guarantee Fund as a guarantee of the Korea Credit Guarantee Fund is as follows: (1) the buyer and the seller registered as a member of the MP; (2) the buyer sent a purchase request to the seller; and (3) the seller finally confirmed the transaction upon the buyer’s approval; and (4) the buyer finally confirmed the transaction, at the same time, the data was transmitted to the financial institution; and (5) the loan was made by the financial institution to pay the purchase price to the seller. In this case, the defendant B subscribed to the MP member at the request of the seller and approved the purchase request sent by the defendant A as a seller, and then remitted the purchase price received from the financial institution to the defendant A.
According to the above facts of recognition, Defendant B approved a written request for purchase registered by Defendant A and shared the act of fraud by receiving a loan from a financial institution with the knowledge of the fact that Defendant A intends to acquire a purchase fund through MP, so the judgment below convicting Defendant B and Defendant A of the facts charged of this case by applying the rate of the charge of this case as joint principal offenders is acceptable.