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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentencing is too inappropriate.
B. In full view of the evidence submitted by the Prosecutor 1, the victim of the instant crime committed by the Defendant was sufficiently recognized as the Republic of Korea. However, the lower court deemed the victim of the instant crime as the Korean bank (hereinafter “Korean bank”) and rendered a judgment on not guilty of this part of the facts charged against the Republic of Korea. The lower court erred by misapprehending the facts.
2) Improper sentencing of the lower court is deemed unreasonable.
2. Determination
A. The summary of this part of the facts charged is as follows: (a) the victim of the Republic of Korea (Ministry of Land, Infrastructure and Transport) operates the system of lending of pre-paid housing at a rate lower than the market interest rate without collateral to stabilize the residence of homeless workers; and (b) the employer who intends to obtain the loan submits documents proving that he/she actually works for the bank entrusted with the loan business, and submits the lease contract, etc., the relevant bank will implement the loan after examining it.
On April 2013, the Defendant received the introduction of C and D, which connects the intermediate measures for arranging fraud loans, and thereby becomes aware of the fraudulent loan intermediary, and notified the Defendant of the specific methods of fraudulent loan loan. The facts are as follows: (a) the Defendant did not have worked for “F” and, (b) did not intend to enter into a lease contract for a residence, and (c) did not intend to receive the loan and pay the deposit money with the above E, name boxes, C, and D, the Defendant conspired in sequence with the above E, name boxes, and D to acquire the deposit money for the lease of the house.
Accordingly, the defendant around May 2, 2013 at the I Authorized brokerage office for the operation of H in Nam-gu Incheon Metropolitan City G, Incheon, and Incheon.