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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although Defendant A (misunderstanding of facts) signed and sealed a loan document submitted as a representative director of H Co., Ltd. (hereinafter “H”) to a financial institution as the representative director, the Defendant did not know that F and I submitted false financial statements to the financial institution, and there was no conspiracy between F and I to commit the crime of defraudation of loans.
Nevertheless, the court below, in collusion with F, I, etc., by misunderstanding the facts, obtained a loan from the financial institutions which were subjected to deception on H's ability to repay by submitting a false financial statement to the financial institutions.
The lower court erred.
B. The prosecutor (unfair sentencing)’s sentence sentenced by the lower court to the Defendants (a two-year imprisonment, a three-year suspension of execution, and a fine of three million won) is too uneased and unreasonable.
2. As to the Defendant’s assertion of mistake of facts by Defendant A, the lower court rejected Defendant’s assertion on the following grounds: (a) on the grounds that the Defendant alleged at the lower court to the same effect as the assertion of mistake of the above facts, the lower court stated detailed circumstances in the conduct between 8, 3 and 9
In full view of the following circumstances, which can be recognized by the evidence duly adopted and investigated by the court below, the defendant can recognize the fact of deception by receiving loans from financial institutions from the financial institutions in collusion with F and I with dolusent intent as to the existence of deceptive act using the processed financial statements concerning H’s ability to repay, and thus, the judgment of the court below to the same effect is justified.
Therefore, the judgment of the court below contains an error of mistake as alleged by the defendant.
Therefore, the defendant's assertion is without merit.
Even if the statement of the defendant is based on the statement of the defendant, the reason why the defendant became the representative director of H is above.