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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and two months, and each of the defendants B and C shall be punished by imprisonment with prison labor of one year.
(b).
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts: After Defendant B transferred the L corporation (hereinafter “L”) that he lent the name of the non-indicted Z to Co-Defendant A, the non-indicted Z was not involved in the company management, and there is no fact that Defendant B solicited or instructed the loan for the instant fraud loan by Company A, etc.
n. Sentencing: The sentence that is too inappropriate for Defendant A and C to be imposed following the lower court.
Defendant
A: Imprisonment with prison labor for a year and June; one year;
2. Determination
A. (1) Defendant B also made the same assertion as the purport of appeal in the lower court as to the determination of mistake of facts as to Defendant B’s appeal, and the lower court also made a detailed statement of the reasons for the determination and rejected the allegation.
According to the evidence duly adopted and examined by the court below and the trial court, not only the facts as at the time of original adjudication but also the following facts: ① The accounting staff of the defendant B (the defendant's employees' direct involvement in the loan) have received documents, etc. related to the loan of this case issued in blank from September 2006 to the M office of the co-defendant C operation; and the above employees have preserved L's corporate name plates and seal impression, etc. while working for the defendant B, and the co-defendant A and the non-indictedO, etc. have completed the preparation of documents necessary for the loan by granting L name plates, etc. to A before applying for the loan; ② the (the defendant's L control) and the defendant B paid credit card payment in fact while managing L's financial accounts after March 30, 206, and made a credit card entry and a credit card issuance in the name of L operation and a credit card issuance.
① In the light of the capital (250 million won) L (250 million won) and sales (2 billion won in 2005), Defendant B is required to do so.