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The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal (three years of suspended sentence in one year and six months of imprisonment) is deemed to be too unhued and unfair.
2. The crime of this case is a case in which the defendant acquired money worth approximately KRW 700 million in total from the victim by using the purchase fund lending system, and there is an unfavorable sentencing factor such as the fact that the defendant abused the above system introduced as a policy to reduce the burden of the settlement of funds to the subordinate companies and to solve the financial difficulties of the subordinate companies, causing a substantial loss to the public funds and the nature of the crime is inferior, and a large amount of damage is larger and not yet recovered.
However, it is also recognized that there is a favorable sentencing factor such as the fact that the defendant has divided and reflected his wrong mind in depth, that the defendant has no previous record beyond the same kind and fine, that the defendant has not used the money acquired by deception for personal profit, that the financial condition of the company has deteriorated, not for personal profit, and that the loan to the victim in the bank is currently repaid in full, that the defendant has concluded a repayment agreement with the Korea Technology Credit Guarantee Fund that made the above loan by subrogation and approved the debt, and paid three times out of the 18,293,206 and nine-six installments of the installment payments as well as the fact that the defendant's business needs to continue in order to implement the above installment repayment agreement.
In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, and the means and consequence of the instant crime, etc., the sentence imposed by the lower court is deemed appropriate, and it is deemed that the said sentence is too unreasonable.
Therefore, the prosecutor's above assertion is without merit.
- [The principal basis for the judgment of both punishment]