The judgment below

Of the defendants A, the part of the defendant is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

Defendant

C’s appeal.

1. The determination of the summary of the grounds for appeal (in the case of defendants, one year of imprisonment) shall be inappropriate;

2. Determination

A. It is true that the sentence imposed by the court below on Defendant A’s assertion of unfair sentencing is less than the recommended range (two to five years of imprisonment) set forth in the attached sentencing guidelines.

However, Defendant A repaid 30 million won out of the loans of the injured bank in the appellate court.

Defendant

When considering the role of A, acquired benefits, etc., it is not necessary to consider the damage change as a favorable sentencing factor in the appellate court.

In reviewing the sentencing factors, the determination of the original sentence is somewhat inappropriate.

B. The lower court sentenced Defendant C’s allegation of unfair sentencing, which is lower than the recommended range (two years of imprisonment or five years of imprisonment) set out in the attached sentencing guidelines.

There is no change in sentencing elements in the appellate court.

Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria, the determination of the original sentence is inappropriate.

3. Conclusion, Defendant A’s appeal is justified.

Pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment below against Defendant A shall be reversed and it shall be judged again after pleadings.

Defendant

C’s appeal is groundless.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;