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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. Prosecutor 1) In fact, or misapprehension of the legal doctrine, the Defendant wired the money from April 19, 2013 to July 10, 2013, which is the period for committing the act of borrowing security deposit money by C, to KRW 00,000 won at one time, which was an advance payment to be used for the act of borrowing security deposit money. The Defendant was well aware of such fact, and thus, the Defendant is deemed to have taken part in the Defendant’s above crime.
2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too uneased and unreasonable.
2. The lower court determined as to the prosecutor’s assertion of mistake of the facts based on the records, based on the evidence presented by the prosecutor, the Defendant, in collusion with B, C, and H on April 19, 2013 through July 10, 2013, acquired KRW 170,856,00, such as the previous list of crimes (1) in collusion with the Defendant, based on the evidence presented by the prosecutor, based on the circumstances as indicated in the reasoning of the record
The lower court determined that this part of the fraud was acquitted on the ground that there was insufficient evidence to acknowledge it and there was no other evidence to acknowledge it.
In light of the relevant legal principles and records, the above judgment of the court below is just and acceptable, and the prosecutor has not submitted additional evidence about the defendant's participation in the crime in the trial at the party, and the prosecutor's ground of appeal in this part is not acceptable.
3. The instant fraud crime with respect to determining the illegality of sentencing by the Defendant and the Prosecutor is a very serious criminal who seriously obstructed the operation of the said system by acquiring loans by abusing “the National Housing Fund Loan System” for the stabilization of the residence of ordinary people, deprived of the ordinary people who need the real deposit money, and obtained the blood of the people who are the source of the deposit money of the Korea Housing Finance Corporation, and the Defendant was aware of the fact that the Defendant received the fraudulent loan using real estate owned by himself/herself for a long time and that C committed such crime for a long time.