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The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C shall be punished by imprisonment for a period of six months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. As to the facts charged Nos. 1-b and 2 of the facts charged No. 1-2, the Defendant did not make a false statement as in the facts charged, nor did he conspired with Defendant B or Defendant C, and there was no fact of benefit from the injured party.
B) As to Article 3 of the facts charged, the Defendant did not make a false statement as stated in the facts charged, but only borrowed KRW 3 million from the injured party and repaid it.
2) The punishment sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.
B. The sentence imposed by the lower court on Defendant B (eight months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.
(c)
Defendant
C1) In fact, there is no false statement as stated in the facts charged, nor there is no fact that the Defendant conspireds with the Defendant A, and there is no fact that the victim gains profits from the victim (the Do in the period for submitting an appeal). 2) The punishment that the lower court sentenced the Defendant to the sentencing unfair (six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below, such as each statement at the investigation agency of Defendant A and the victim P and each statement at the court of the court below (section 2: 12 of the evidence record), each letter of borrowing (section 2: 14 of the evidence record), each copy of the check at one hand (section 2: 22-25 of the evidence record) and each copy of the check at one hand (section 2: 22-25 of the evidence record), the defendant himself/herself or in collusion with the defendant B and C, the defendant makes a false statement as provided in Article 1-b. 1-2, 2, and 3 of the facts charged, and acquired the relevant money or the check from the victim. Thus, the defendant's assertion of mistake is without merit.
2) Defendant C’s assertion of misunderstanding of the facts is legitimate grounds for appeal, which is raised on August 20, 2020, after the deadline for submitting a written reasoning for appeal.