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The appeal by the Defendants and the prosecutor is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of the fact does not commit a crime of fraud of vehicle loans in collusion with Defendant B, but only he/she was in progress with Defendant B by deceiving Defendant B.
Nevertheless, the lower court erred by misapprehending the facts and convicted Defendant A of all the charges of this case.
(2) The punishment sentenced by the lower court to Defendant A is too unreasonable.
B. Defendant B (1) In the instant case of the instant facts charged by mistake, Defendant B was aware that Defendant B would normally purchase the vehicle and continued to engage in the loan work. Defendant B was aware of the fact that Defendant B had used the loan at will, and that it would only belong to I only after the loan was thrown out.
Defendant
B There was no intention to acquire by deceit or deception in this part.
Even in the case of the perjury of a private document, only one of the daily offenses committed by Defendant A is not involved in it.
Nevertheless, the lower court, by misunderstanding the facts, found Defendant B guilty of the facts charged in the 2014 Highest 27555 fraud and private documents.
(2) The punishment sentenced by the lower court to Defendant B is too unreasonable.
(c)
The sentence imposed by the court below to the defendants is too uneasible and unfair.
2. Determination:
A. Comprehensively taking account of the evidence duly admitted by Defendant A’s assertion of mistake as to the 2014 High Order 3573 Incident, the following facts, including the facts alleged in the lower judgment, may be acknowledged.
The fact that the truck to be purchased has entered the actual transport company with the actual transport company is a key condition in the execution of the loan for the purchase fund of the cargo vehicle. The defendant A was registered as the representative director at the request of the defendant B, but he had already closed the business, but the vehicle to be purchased by the plaintiff E and the loan applicant.