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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s imprisonment with labor (two years of imprisonment) is too unreasonable.
(A) The defendant argued that there was an error of misunderstanding of facts in the judgment of the court below, but withdrawn the assertion of misunderstanding of facts on the first and second court date.
When Defendant A borrowed KRW 300 million from the victim, according to the following: (a) there is credibility in the statement of the victim that Defendant B knew the victim by means of emphasizing the victim’s re-performance; and (b) according to the loan certificate signed by Defendant B as joint and several sureties and the content that Defendant B told with the victim by telephone, etc. at the time when Defendant B borrowed KRW 300 million from the victim, Defendant B also can sufficiently be recognized in collusion with the victim and obtain 300 million won from the victim.
In addition, even if Defendant B is not held liable for co-principal, Defendant B was aware that he did not have the intent or ability to repay the borrowed money, and thereby, made the victim aware that he had the intention or ability to repay the borrowed money, thereby facilitating A’s crime, and therefore, the crime of aiding and abetting fraud is established.
Nevertheless, the lower court, solely based on the circumstances indicated in its reasoning, acquitted Defendant B of the victim.
The court below found Defendant B not guilty on the ground that it is difficult to see that A participated in the fraud crime. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.
2. Determination
A. As to the grounds for appeal by Defendant A, the Defendant had no other record of punishment except for a case where he was subject to a relatively minor fine one time due to a crime of injury by occupational negligence prior to about 30 years, and made efforts to recover damage by repaying the victim’s money by repaying KRW 10 million and depositing KRW 500 million for the victim.
However, the Defendant’s crime of this case is the president of F.