Text
The judgment below
The part against the Defendants is reversed.
Defendant
A, B, and C shall be punished by imprisonment of one year and two months, and Defendant N.
Reasons
1. Summary of grounds for appeal;
A. The court below convicted Defendant A of facts, although there was no fact that Defendant A participated in the crime of fraud of this case, such as Defendant N, etc., as recorded in the facts charged, even though he did not take part in the act of fraud of this case at the request of Defendant A, a pro-friendly defendant N, and the court below convicted Defendant A of facts, which affected the conclusion of the judgment by misunderstanding of facts.
B. The respective sentence of the lower court (the Defendants A, B, and C) (the two years of imprisonment for each of the Defendant, the four years of imprisonment for each of the Defendant N: Defendant N) is too unreasonable.
2. Determination
A. The following circumstances, which can be recognized by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below, i.e., ① Defendant A was “the head of the text team” at the loan office at the time of the instant case with Defendant N’s birth. This appears to be due to Defendant A’s first preparation stage for the instant crime. ② Defendant A provided the name of the lessee of the lease contract to rent the instant loan office (the investigation record of the instant case No. 2013No. 405) (the investigation record No. 651, 660 pages of the instant case No. 2013No. 405). Defendant N and the victims sent money under the name of the loan deposit from the victims from cash withdrawal (the investigation record of the instant case No. 2013No4058), and Defendant B and N did not participate in the Defendant’s testimony at the court and did not appear in the investigation agency as a witness of the instant case, and did not appear to have any changes in the content of Defendant A’s testimony and statement.