Defendant

All appeals filed by the Defendants A, B and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. It is unfair that the court below's each sentence sentenced to Defendant A and B (ten months of imprisonment and two years of suspended sentence) is too unreasonable.

B. The prosecutor's court below's each sentence (defendant D: imprisonment with prison labor for a period of six months, suspension of sentence, and collection of additional amount) declared against the Defendants is too uneasible and unfair.

2. Determination

A. As to each of the above defendants A, B, and prosecutor's criminal offenses against the above defendants, each of the crimes committed by the defendants A and B was committed by forging a real estate transaction agreement in which the above defendants conspired with the above defendants to forge the real estate purchase price exceeding the actual real estate purchase price and thereby deceiving the total amount of KRW 980 million under the name of the loan by submitting it to the victim financial institution. Since the criminal law is planned and intelligent, it is not enough to commit the crime because the fraud amount is large.

Furthermore, these crimes may cause serious adverse effects on the national economy by causing the financial institution's poorness, and the profits acquired by the defendant A and B from each crime are reasonable.

In addition, even if Defendant A was punished for the same crime, it is highly likely that Defendant A will be subject to punishment for the same crime and then commit each of the crimes of this case.

On the other hand, the defendant A and B have an attitude of reflecting their mistake, and the actual amount of damage seems to be less than the amount of fraud as the security for real estate is set up in the financial institution for the victim.

In addition, each of the crimes committed by Defendant A on November 16, 2016, and each of the crimes committed by Defendant B on January 12, 2017, which became final and conclusive by each judgment on January 12, 2017, violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the so-called group concurrent crimes after Article 37 of the Criminal Act should be determined by taking into account equity in the case of judgment.

As above, the circumstances unfavorable or favorable to Defendant A and B, the circumstances after the commission of each crime, and the age, sex, environment of the above Defendants, and others.