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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant: (a) committed a defect in the revenue business of the Basa and received a loan of the business fund; (b) did not know that the Defendant received the loan, but did not know that the loan was used by C alone; and (c) the loan was used by C alone.
The defendant was bound by C to the fraudulent loan of this case, and there is no fact that he acquired the loan by fraud in collusion with C.
B. The lower court’s sentence is heavy.
2. Determination
A. The following facts and circumstances are recognized if the evidence examined by the lower court and the appellate court were combined.
The facts acquired by the defendant in collusion with C may be recognized based on this.
1) On February 1, 2015, the Defendant, while engaging in the business of importing and selling C and Babs together, received a proposal from C to use the business funds borrowed from C, and opened a resident registration copy and abstract necessary for the loan application and a bank passbook, etc. 2) C applied for a credit loan in the name of the Defendant to the victim HK Savings Bank, etc., and the victim HK Savings Bank, etc., transferred the total amount of KRW 26,500,000 to the account under the name of the Defendant, as shown in the attached list of crimes (1) of the lower judgment, between February 16, 2015 and April 10, 2015.
3) Although the Defendant, while working in a company at the time, did not have any condition to receive the loan because he did not receive the payment, C submitted a false employment certificate, etc. as if the Defendant worked in F. 4) C, other than the instant case, issued a false employment certificate, a tax withholding statement, and a wage statement, etc. as if he/she worked in the above companies to the employees who want to obtain the credit loans, while managing D, E, and F, a stock company with no business substance, and acquired the loan from various financial institutions by means of guiding the lending method, etc.
5.