All appeals by the Defendants are dismissed.

1. Determination as to Defendant A’s wrongful assertion of sentencing

A. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable in light of the following circumstances.

1) After the Defendant retired from office as a lower-ranking police officer, from January 2009, he worked as a full-time president of the Victim N Saemaul Bank (hereinafter “victim’s Saemaul Bank”) from around January 2009. The Defendant was aware that the process of this loan was carried out in conformity with the business regulations without any professional financial knowledge, and was well aware that the process of this loan was carried out in conformity with the business regulations, and was in violation of the loan and the method of evaluating the value of the collateral (hereinafter “non-performing loan”) with the final approval authority.

2) Defendant B and C did not refuse to comply with the Defendant’s unjust instruction or coercion on the instant insolvent loan.

However, in light of the following: (a) the Defendant, who has no expertise in the loan business, did not independently decide to grant a loan to Defendant B and C, which is a working person, and could not force an unfair instruction; (b) Defendant B, who is well aware of the loan regulations at the time of the consultation on loan, presented a method by which the loan is carried out in excess of the limit; and (c) Defendant C did not notify the Defendant of the written appraisal submitted by the O despite being aware that the written appraisal submitted by the O was false; and (d) the Defendant failed to take the lead in the loan of this case or to force an unfair instruction.

3) As such, the fact that the Defendant was sentenced to heavier punishment than Defendant B and C solely on the ground that he did not play a leading role compared to Defendant B and C in the process of the instant insolvent loan is excessive in light of all the circumstances such as the background and degree of participation.

B. 1) In the instant insolvent loan, determination is made.