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The judgment of the court below is reversed.
Defendant
A and B shall be punished by imprisonment with prison labor for one year, and by imprisonment for eight months, respectively.
(b).
Reasons
1. The summary of the grounds for appeal by the Defendants is too unreasonable that the sentence (one and half years of imprisonment, and eight months of imprisonment) declared by the lower court to the Defendants is too unreasonable.
2. Determination
A. The number of victims of the instant crime committed by the Defendants for common sentencing reaches 836 persons, and the total amount of damage exceeds 1.6 billion won, and the instant crime caused by the Defendants continued for a long period from February 2009 to December 201. The nation-wide investigation into the instant crime was initiated with the same method as the instant crime, which led to the suspension of the instant crime. The victims of the instant case appear to be the ordinary people who received a loan from the International Livestock Industry Cooperatives (hereinafter “IF”). The Defendants were officers of financial institutions with high morality and expertise, and they were not having any critical mind while having committed a large-scale crime like the instant crime.
However, the following facts are favorable to the Defendants: (a) the Defendants recognized the facts charged in the instant case; (b) there is no particular criminal force against the Defendants; (c) the amount of damage was fully returned through the IF after the commencement of the investigation; (d) a considerable number of victims want to have the Defendants take the front line; and (e) the Defendants did not commit the instant crime in order to obtain personal benefits.
B. At the time of the commencement of the instant crime by Defendant A, there was no standing director in the IF, and accordingly, the final approving authority in relation to the credit business was the above Defendant, who was the president of the IF, and the above Defendant, despite some employees opposed, recommended the IF executives and employees of IF to adjust the interest rate through a public document, thereby leading the members of IFF to illegal conduct.