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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is that Defendant A’s duty to recruit good loan applicants for a victim L Co., Ltd. (hereinafter “victim Co., Ltd.”) and to manage an adequate size of loans corresponding to the actual value of the security, despite the duty to manage the loan corresponding to the actual value of the security, allowing the above defendants to apply for a loan by using the name of the above defendants who have personal relations with themselves as if the retail company was the operator of the retail company and make the pure clothes to be carried out as if the above defendants were the operator of the retail company, and constitutes a fraudulent act which is an active act that lacks good faith and good faith in property transaction, and constitutes a crime of fraud.
Therefore, the judgment of the court below which acquitted Defendant A of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and all of the fraudulent acts committed by Defendant B, C, and D, is erroneous in the misapprehension of legal principles.
2. Determination
A. The instant charges No. 1) Defendant A is the representative director of the F Co., Ltd. F (hereinafter “F”) established for the purpose of wholesale and retail business of clothing in Hanam-si, Hanam-si, and G is the J Co., Ltd. (hereinafter “J”) established for the purpose of wholesale and retail business of clothing raw materials in Hanam-si, Hanam-si.
K is the representative director of the J and K is the business director of the J.
On April 18, 2013, the Defendant and the Victim Company “F” (F) made a joint and several surety for the obligor’s lending of funds necessary for the purchase of new products by the clothing seller as collateral, and F (F) made a joint and several surety for the obligor’s lending of funds required for the purchase of new products by the clothing seller; (b) F (c) performed the duty of evaluating the collateral of the clothing movable property lending; and (d) the Victim Company pays 2.5% fee to F (F) paid to F (F).