Text
All appeals by the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court to the Defendants is too unreasonable.
2. On January 13, 2016, Defendant A paid KRW 119,152,222 to the new bank on behalf of the new bank on January 13, 2016 and thus, Defendant A transferred the damage claim, etc. against the Defendants of the new bank on behalf of the new bank.
To deposit KRW 10 million, and deposit KRW 78 million in addition to the appellate court.
Defendant
B, in the first instance court, the defendant A was 7.85 million won to be used as the compensation for damage, and the appellate court deposited 12 million won to the new bank for the victim.
In the case of Defendant A, since the total amount of KRW 100 million was deposited out of KRW 130 million, it falls under “the case where damage was recovered from the part of the party” as a special mitigation, Defendant A, the scope of recommendation according to the sentencing guidelines is modified, and the scope of recommendation according to the sentencing guidelines is “one year and six months to three years” among the types of systematic fraud (not less than KRW 100,000, less than KRW 500,000).
However, in light of all the circumstances asserted by the Defendants as the grounds of appeal, the lower court’s judgment’s decision’s selection of a lower sentence than the modified lower limit of the sentencing guidelines cannot be deemed unfair on the ground that the lower court’s final judgment’s selection of a lower sentence is unreasonable, even if the Defendants were to have taken into account the circumstances as the grounds of appeal.
Therefore, the Defendants’ assertion of unfair sentencing is rejected.
3. If so, all appeals by the Defendants are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.