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The part of the judgment of the court below against Defendant D shall be reversed.
Defendant
D. A person shall be punished by imprisonment for a term of five years.
Defendant
A. A.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by Defendant A and C(unfair sentencing) to the Defendants (one year and eight months of imprisonment) is too unreasonable.
B. Defendant D1) misunderstanding of the facts or misunderstanding of the legal principles (as to the judgment of the second instance court), ① 2015 order 1844: the Defendant received a loan by offering the truck that the Defendant was entering the victim sex transportation company as security as stated in the facts constituting an offense; however, prior to offering the above truck as security, prior to returning the number plate to the above company and cancelling the entry contract relationship, it did not constitute embezzlement against the above company, and there was no intention for the Defendant to commit embezzlement and to inflict damage on the above company.
② 2015 Highest 3495: The Defendant was granted a loan from Korea Capital Co., Ltd. by lending the victim BW’s name; however, BW was aware of the fact that the Defendant received KRW 3 million from the Defendant in return for the above nominal loan and was unable to repay the above loan in the future, and thus, it is only the Defendant’s accomplice in the crime of fraud against Korean Capitalping.
Even if a separate crime of fraud against BW is established, it is erroneous to regard it as a separate crime of fraud against Korean Capital Capital and commercial concurrence.
③ As to the facts of the crime committed by the 2015 Highest 4532: (a) the Defendant: (b) obtained a loan of KRW 100 million to be used as a company operation fund, and (c) obtained a loan from the Ga, etc. as the purchase price for the cargo vehicle from the 100 million modern Capital Co., Ltd., such as the facts constituting a crime, and (d) obtained a loan from the AL, etc. as the purchase price for the cargo vehicle, and immediately repaid the full amount of the loan. As such, the Defendant did not intend to obtain the loan by fraud from the Gath of modern Capital
With respect to the crime No. 2 of the Republic of Korea, the defendant borrowed the name of the victims from financial institutions.