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The judgment below
Part of the defendant A, C, D, and E shall be reversed.
Defendant
A and Defendant E shall be sentenced to six months of imprisonment.
Reasons
Summary of Reasons for appeal
A. Defendant A’s punishment (two months of imprisonment and two years of suspended sentence) is too unreasonable.
B. Although the prosecutor (1) mismisunderstanding the facts and misapprehension of the legal principles (as to Defendant C, D, and E), Defendant C, D, and E recognized that they acquired money for real estate collateral loans from each victims in collusion with Defendant A, etc., the judgment of the court below that acquitted the above Defendants is erroneous in the misapprehension of facts or by misapprehending the legal principles.
(2) Improper sentencing (for Defendant A), the lower court’s sentence is too uneasible and unfair.
2. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine
A. The summary of the facts charged is that Defendant A was sentenced to four years of imprisonment for fraud, etc. at the Seoul Southern District Court on June 25, 2019 and the said judgment was finalized on July 3, 2019. Defendant D was sentenced to four months of imprisonment with prison labor and one year of suspended execution at the Daejeon District Court on September 13, 2018, and the said judgment became final and conclusive on February 28, 2019.
Defendant
A purchases a house, such as lending, while purchasing a house, it is true that a person does not have an intent or ability to repay a loan to a financial institution. However, a person applies for a loan to a financial institution under the name of a "sub-party buyer" and obtains a collateral loan, and acquires it, and further prepares a false housing sale contract with the contents of the purchase price to manipulate the security value owned by the house at a higher level than the real amount, and submits it to a financial institution to obtain a larger amount of money as a collateral loan. Defendant D, Defendant C, and Defendant E introduce a loan from the market in Incheon area to Defendant A in order to enable Defendant A to file an application for a collateral in the name of the buyer of the land in Incheon area, and the lease is made by the lessor after the execution of the collateral loan.