The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

Defendant of the Prosecutor.

Summary of Grounds for Appeal

Defendant

A The sentence of imprisonment (one year of imprisonment) of the lower court is unreasonable.

Defendant B, while jointly operating the Defendant A and the Plaintiff E (hereinafter “E”), was aware that the money borrowed from the Victim F’s real estate as collateral was to be used for the victim’s office deposit and operating expenses, and can be recognized that the money was acquired by deceiving the victim in collusion with the Defendant A, so the judgment of the court below which acquitted Defendant B, is erroneous in the misapprehension of facts.

Defendant

Considering the following: (a) the judgment on the appeal of A was examined; (b) the fact that Defendant A committed multiple same kind of crimes by taking advantage of one’s own punishment in the position where the P Bank is affiliated with the P Bank; or (c) the victim F expressed his intent that Defendant A would not be punished; (d) the victim F would have originally agreed with Defendant A and would have expressed his intent that the victim F would not want to be punished; (e) the victim M would have recovered the damage; and (e) the punishment should be imposed when punished together with the crime in which the sentence has already become final and conclusive, the sentence of the lower court is somewhat excessive.

Defendant B and the upper-tier Defendant A conspired with the public prosecutor’s judgment on the appeal (the part on the appeal against Defendant B) of the facts charged. ① On October 17, 2008, in the E office located in Gangnam-gu Seoul, Seoul, the Defendant planned to participate in the bidding at the construction site at the (ju) H, a building material producer working as a director at the inside director, and there is a need for a letter letter guarantee in the document documents. The letter letter guarantee may be reduced to KRW 10 million per each case. In order to obtain a letter letter guarantee, 2 cases of provisional attachment (the sum of the claim amount 9.77 billion won) established on the apartment owned by the victim, first of all, by deceiving Songpa-gu Seoul International Apartment 602, which is the victim’s ownership, and by deceiving the victim to borrow and use the proceeds of collateral mortgage.