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All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of two years and two months.
An application for compensation filed by an applicant for compensation.
Reasons
1. Summary of grounds for appeal (unfair sentencing of each of the defendants);
A. Regarding the judgment of the court of first instance, in light of the following: (a) the Defendant recognized all of the instant crimes and is against the depth of the instant crime; (b) the Defendant is making efforts to reach an agreement with the victim; (c) the Defendant is the first offender; (d) the Defendant is a dependent with the Defendant, such as his spouse; (e) the Defendant is a disabled person who has to keep blood administration with chronic renals; and (vi) the Defendant’s health worsens while trying to reach an agreement with the victim; and (iii) the Defendant was not trying to avoid the judgment of the court of first instance as to whether it was impossible to attend the court of the court; and (e) the first decision of the court of first
B. The judgment of the court below of the second instance is justified in light of the following: (a) the circumstances, such as ①, ②, ④, ⑤ the Defendant, along with pro-friendly Y, established and operated the J (hereinafter “Defendant Person”) under the preceding paragraph; (b) the considerable portion of the borrowed amount was transferred to the Defendant Person’s account to the Defendant Person’s account; and (c) the Defendant actually used it for the business; and (d) the Defendant did not smoothly carry out the business on the wind which is bound by the Defendant’s case; and (e) the sentence of the judgment of the second instance (one year imprisonment) is too unreasonable.
(c)
In light of the above circumstances as seen in paragraphs (1) through (5) above and the Defendant’s partial recovery from damage by paying KRW 36.5 million to the victim and AA, and the Defendant did not accurately confirm whether the investment business of non-performing loans was normally carried out despite the Defendant’s aggravation of the company’s financial condition, and received money from the damaged party, but did not commit the crime planned from the beginning, the Defendant did not commit the crime in the first place. In light of the above circumstances, the Defendant’s 3rd Judgment Resolution ( imprisonment for a period of eight months) is too unreasonable.
2. The defendant filed an appeal against the judgment of the court below Nos. 1, 2, and 3, and the court decides to hold the appeal jointly.