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All appeals filed by prosecutors and Defendant A shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The victims of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by Defendant A were unaware of having provided the Defendant’s creditors with physical security by setting up a collateral security right of KRW 2250 million against U.S. Co., Ltd. (hereinafter “U”) as the obligor, and there was no reason for the victims to bear economic risk of providing the Defendant’s property security as above, and even if the victims consented to the creation of a collateral security right of KRW 250 million against the Defendant’s obligee.
Even if the Defendant did not have any particular property, and the Defendant was guilty of fraud by interest of bad credit holders with a debtless amounting to 2 billion won, and it is apparent that if the victims knew of such fact, the Defendant would have not consented to the establishment of the right to collateral security with a maximum amount of KRW 2.25 billion, and therefore, the Defendant’s deception should be recognized. However, the judgment of the court below which acquitted the Defendant, is erroneous in the misapprehension of facts.
B) Defendants B, C, and D’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Regulation and Punishment of Concealment of Criminal Proceeds ① The Defendants deposited the amount of KRW 300 million on April 8, 2009 and KRW 430 million on April 9, 2009 into the U account respectively. However, among KRW 600 million deposited on April 9, 2009, the amount of KRW 400 million deposited in the U account should be excluded from the amount of money deposited in the same account again, and it is obvious that the Defendants attempted to manipulate the evidence by the fabricated transaction details. ② The agreement should be included in KRW 330 million on April 9, 2009, which was deposited in the U account from April 9, 2009 to KRW 170 million,000,0000,000 prepared by Defendant B and C’s personal funds deposited in the same account and KRW 500,500,000,00 won.