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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts does not have any provision on loans in violation of the provision on loans, and it is difficult to see that the Defendant provided a loan in cases where the Defendant was able to repay the loan after investigating the borrower’s ability to repay the loan. Nevertheless, the lower court’s judgment that determined that the Defendant provided a defective loan and convicted the Defendant of the facts charged in this case is erroneous in matters of law by misunderstanding the facts, which affected the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment and two
B. The lower court’s punishment is deemed to be too unfilled and unfair.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged regarding occupational breach of trust is as follows: (a) the Defendant served as the representative director from Hamman Co., Ltd. to Hamman on July 1, 2009 to Hamman on June 2012 in the window C of Changwon-si, while taking charge of overall duties, such as lending business and fund management of the victim company.
A victim company is a corporation that lends purchase funds to a person who purchases used cars through a used car dealer as collateral. The terms and conditions of loans made by the victim company shall investigate the borrower's credit inquiry and ability to repay, and establish a collateral and a guarantor. However, if the borrower pays 50% of advance payment, a guarantee may not be established. However, there is a loan-related provision that a certain amount should be loaned within the scope of the market price of used cars as collateral. Thus, the defendant is obliged to comply with the above loan regulations to ensure that non-performing loans do not occur in the victim company even if he/she has an occupational duty to perform the loan business so that non-performing loans do not occur, he/she is paid a certain amount of fees and he/she is required to receive the loan.