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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment and two years of suspended execution in one year and six months) imposed by the court below is too uneased and unreasonable.
2. The Defendant, by recognizing all of the instant crimes, appears not only to cooperate in the investigation but also to repent of his mistake.
The first loan of KRW 243,798,426 appears to have been fully repaid by the Defendant Company B (hereinafter referred to as “B”).
(See 78 of the trial records). The paper of the corporate bank, the victim of each of the crimes of this case, does not want to punish the defendant.
E appears to have participated in inducing the above victim as if the Defendant had no sales claim against D’s “D” existed, and ② in the event that B is unable to repay the 12th loan to the above victim, it seems to have been aware that the lender is ultimately liable for the repayment.
(Evidence Records 1017, 1018). February 12, 2016, which became final and conclusive on February 12, 2016, and the violation of the Labor Standards Act, which became final and conclusive on June 1, 2016, need to consider equity in cases where a judgment is rendered concurrently with the violation of the Labor Standards Act, etc.
Defendant did not have any criminal record identical to each of the crimes in this case.
It seems that the economic situation of the defendant is not good.
The father, vice-party, etc. of the defendant appeals against the defendant.
However, the sum of the acquired money due to each of the crimes in this case is 534,540,276 won.
Since E fully repaid the second loan by means of the repayment of the loan, it seems that the above victim did not want the punishment of the defendant.
(See 78, 79 of the trial record). The defendant does not seem to have made efforts to recover the damage of E, and E appeals to the defendant.
The defendants have the past record of criminal punishment for five times (two times of suspended execution of imprisonment and three times of fine).
Defendant. Other defendant.