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The judgment below
The part against the Defendants is reversed.
Defendant
D. A person shall be punished by imprisonment for not more than ten months.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant C1) misunderstanding of the facts or misunderstanding of the legal principles as to the above Defendant’s loan money as stated in the facts charged (hereinafter “the loan money of this case”). Since the loan money of this case was prepared for the purpose of paying expenses and expenses to A, etc. who assisted in issuing U guarantee in the course of borrowing the company’s operating funds, the above Defendant acquired pecuniary profits equivalent to the loan money of this case.
subsection (b) of this section.
The Act on the Aggravated Punishment, etc. of Specific Economic Crimes does not stipulate a punishment provision for reargument as to good offices for executives and employees of financial institutions, and losses incurred to Q Co., Ltd. (hereinafter " Q") due to the instant guarantee.
In order to be recognized, it is necessary to prove that the stateless debt holder already lost the ability to repay the debt, and in light of the fact that there is no evidence as to the fact that the above defendant was in excess of the debt even if the state of the above defendant was deemed as the state of debt, it cannot be deemed that Q suffered property damage.
It is difficult to view that the above Defendant had intention to commit occupational breach of trust to inflict damage on Q.
2) The sentence of the lower court’s improper sentencing (one year of suspended sentence in April) is too unreasonable.
B. Defendant D (unfair sentencing)’s punishment (one year of imprisonment with prison labor) is too unreasonable.
2. We examine ex officio the grounds for appeal by the above defendant D prior to the judgment on the grounds for appeal by the above defendant
According to the records, on February 2, 2018, the above defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on February 2, 2018, and on February 10, 2018, it can be recognized that the above judgment became final and conclusive on February 10, 2018.