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The Defendants’ appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment imposed by the lower court (a fine of three million won) on Defendant A (unfair punishment) is too unreasonable.
B. Defendant B (1) misunderstanding of facts does not constitute a crime of fraud on the grounds that Defendant A, C, and Defendant B did not have conspired to commit, or participated in, the instant fraud, and thus, Defendant B does not constitute a crime of fraud. (2) The punishment of the lower court sentenced by an unreasonable sentencing decision (hereinafter referred to as KRW 4 million) is too unreasonable.
2. Determination
A. In full view of the following facts and circumstances, which can be recognized by the court below’s lawfully admitted and investigated evidence regarding Defendant B’s assertion of mistake, Defendant B’s crime like the instant facts charged in collusion with Defendant A and C can be sufficiently recognized. Thus, Defendant B’s assertion of mistake of fact is without merit.
① Defendant B led to the confession of all the crimes of this case in the court below. Defendant B’s confession statement in the court below is consistent with the statements and other circumstantial evidence in the investigation agency as follows. Defendant B’s confession statement in the court below is credibility in its rationality.
In addition, even in the statement of grounds of appeal that Defendant B first submitted in the trial, it is stated that Defendant B recognizes all the crimes of this case.
② At the investigative agency, C, “Defendant B first recommended the instant work loan, and introduced the instant work loan through the prison branch, thereby preventing the instant crime.”
In order to obtain a loan, Defendant B was aware of the fact that the instant loan was illegal since he got on board Daegu, and the Defendants knew that the instant loan was illegal.
After arrival in Daegu, Defendant B's branch and loan broman were met. At this place, Defendant B, a Gmanmangmang, who was to obtain a loan at a certain place, means that Defendant B was " how he was to obtain a loan if he became aware of the fact that he was to do so," and was granted a loan without choice to do so.
Type 122 to 126, 342 of evidence records;