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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendants’ respective sentences of the lower court (two years of imprisonment, and one year and six months of imprisonment) are deemed to be too unreasonable.
B. The lower court’s sentence against the Defendant C of the Prosecutor is too unhued and unreasonable.
2. Determination
A. Circumstances favorable to the Defendants regarding the determination of the Defendants A and D’s unfair argument on sentencing are as follows.
Defendants recognize and oppose each of the instant crimes.
Defendants are the first offender who had no previous criminal record.
The damages of financial institutions were partly recovered through the auction procedure of real estate provided as security for each fraud of this case.
The profits actually acquired by the Defendants seems to be part of the damages amount of each of the instant cases.
The family members of the Defendants want the Defendants’ wife.
The circumstances unfavorable to the Defendants are as follows.
The Defendants were entrusted with the name of a third party in physical color of real estate to be provided as security for illegal loans, and committed a crime of fraud loans in a planned and consistent manner by forging documents necessary for fraudulent loans and leading the application for loans.
Defendant
A The total amount of damage caused by each fraud is about KRW 1.49 billion, and the total amount of damage caused by each fraud committed by Defendant D is about KRW 960 million.
In light of the fact that each of the Defendants’ crimes disturbs the sound financial transaction order and the damage to good financial consumers is caused, there is a need for strict punishment.
The financial institutions affected by the instant case still failed to recover a significant portion of the damages even though they completed all possible procedures for the collection of loans, such as the progress of the auction procedure of the secured object water or the transfer of claims, etc., and even up to now the Defendants want to be punished.
In addition to the above circumstances, the Defendants’ age, sex, career, and age.