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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for one year and eight months, respectively.
(b).
Reasons
1. Summary of grounds for appeal;
A. Defendant A (misunderstanding of facts, misunderstanding of legal principles, and Sentencing), the Defendant did not deceiving the victims of the use of the borrowed money, nor had the Defendant had the intent and ability to repay the borrowed money, and there was no conspiracy with the Defendant B in defraudation.
The punishment sentenced by the court below is too heavy.
B. Defendant B (unfair sentencing): The sentence imposed by the lower court is too heavy.
(c)
Prosecutor (Unlawful Sentencing) : The sentence imposed by the lower court on the Defendants is too minor.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding Defendant A’s assertion of misunderstanding of the facts and misapprehension of the legal principles, at the time when the Defendants borrowed money from the victims, Defendant B was liable for the guaranteed obligation amounting to KRW 420 million to the remaining-born creditors who died, and Defendant A lent money to Defendant B’s remaining-born students.
The fact that the Defendants failed to pay KRW 80 million, ② the Defendants paid KRW 10,000 to the private house or the owner of the business for the purposes of the three new companies, including Defendant B. However, the Defendants were unable to recover a considerable amount of deposit by closing down the above private house or by leaving contact with the three new companies in order to return the deposit money. ③ The Defendants did not have their property, Defendant A did not have a job, and Defendant B did not have a job but did not have a large amount of income because it did not have a good business. ④ The Defendants, under the circumstances that the victims did not repay the principal amount to KRW 10,000,000,000,000 won including the monthly interest and the total amount to be paid for each month to the creditors, ⑤ Defendant B paid its debt guarantee, and Defendant B provided money to Defendant A to pay interest and the amount to the creditors.