The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and two months.

except that this shall not apply.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) on the part of the Defendant A is too heavy or (the Defendant) is too heavy.

B. Defendant B’s part 1) The Defendant is merely the introduction of L, and there is no fact that he was involved in the loan.

2) The sentence of the lower court’s unfair sentencing (two months of imprisonment) is too heavy or (the Defendant) is too unhutiled.

2. Determination

A. Although there are extenuating circumstances against the Defendant, such as the poor number of crimes by Defendant A, the sum of the principal of the defrauded amount reaches KRW 128,00,000,000, and the fact that there was no agreement with the victim capital stock company, the Defendant appears to have been aware of and against his mistake. Meanwhile, the lower court appears to have agreed with the victim capital stock company on the side of the Bank of Korea, and seems to have been making efforts to pay damages to the victim capital stock company, the lower court would have been making a serious effort to pay damages to the victim capital stock company, the equity should be taken into account with the case where the judgment was rendered with the final and conclusive larceny, the fact that there was no record of punishment for the same kind of crime, and other various sentencing conditions shown in the records and arguments, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, the means and consequence of the crime, etc., and the circumstances after the crime, the lower court is somewhat unfair.

The defendant's improper argument of sentencing is justified, and prosecutor's improper argument of sentencing is without merit.

B. Defendant B part 1 of the judgment of the court below on the Defendant’s assertion of mistake of the facts was alleged to the same effect as the above grounds for appeal. However, the court below found the Defendant guilty of the facts charged in this case by compiling the evidence duly admitted and examined, and rejected the Defendant’s above assertion on the grounds of detailed reasons under the title “judgment on Defendant B”. The judgment of the court below and the trial court are legitimate.