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The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C shall be punished by a fine of KRW 1,000,000.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor, the defendant C lent the name of the above defendant to H with well-known that he/she would borrow the intermediate payment from the victim bank by lending his/her name, and in doing so, the above defendant could sufficiently be recognized that he/she aided and abetted H's act of acquiring loans with intent to assist the principal offender and assist him/her, but the court below acquitted the defendant of this part of the facts charged. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. Defendant B 1’s mistake of facts: (a) Defendant B lent KRW 37 million to G Co., Ltd. through G, a land-based M; (b) decided to substitute it as a part of the sale price; and (c) did not assist the act of acquiring H by means of selling the instant apartment house 102 Dong306; and (b) lent only the name of the buyer, and did not assist in the act of defraudation; (c) the judgment of the court below which found Defendant B guilty of this part of the facts charged was erroneous by misapprehending the facts and adversely affecting the conclusion of the judgment. (b) The sentence of KRW 150,000, which was sentenced
2. Judgment on Defendant B’s assertion
A. The lower court was sentenced to three years of imprisonment on June 16, 2010 by the Daejeon High Court on the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., ① the representative director of G corporation (including the Defendant B) to recruit the buyers and to have them prepare a false sales contract and obtain a loan from the victim bank to make an application for an intermediate payment loan, etc., and the said judgment became final and conclusive on September 30, 2010; ② the Defendant B lent the name of the buyer at the request of the investigative agency and received a loan by creating a false sales contract as above.