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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, by misapprehending the legal principles or mistake of facts, takes part in A’s deception or borrowed KRW 2.2 billion from L bank at which he/she works.
There is no fact that the notice was given.
B. The sentence of the lower court (one year of imprisonment) against an unfair defendant in sentencing is too unreasonable.
2. Determination
A. (1) Prior to the judgment on the grounds of appeal ex officio, the Prosecutor applied for changes in indictment to change the facts charged in the instant case (amended facts charged) together with the previous re-written indictment after the remanding of the case. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below, which is based on the initial indictment, cannot be maintained.
[Revised charges] The Defendant worked for L Bank from around 1990 to December 31, 201. At the time of committing the following crimes, the Defendant was on dispatch to the potential branch for marketing guidance.
The Defendant, in collusion with A on January 209, listened to the horses that lack of business funds to implement the new construction of a building at the Incheon City from the victim N at the end of the end of the day of January 2009, the Defendant would have the victim receive a loan of KRW 2.2 billion from the Defendant on the ground that the Defendant would receive a loan of KRW 2.2 billion from the Defendant on the part of the victim.
Then, the victim acquired the loan fee from the Gu.
On February 4, 2009, the Defendant and A promised M to lend a loan fee of KRW 200 million to the victims and the victims in the mutual infinite chain shop located in Songpa-gu Seoul Metropolitan Government around February 4, 2009, and A means that “A purchases the land located in Seocheon-si and intends to build and sell a new building, but if a fee of KRW 200 million is paid, A will receive a loan of KRW 220 million from L Bank through B with a loan of KRW 220 million as the price for the purchase of the land and repay the fee of KRW 320 million to the above victim.”