Defendant

All appeals filed by the Defendants B and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

B (Unfairs of Punishment) The sentence (10 months of imprisonment and two years of suspended sentence) imposed by the court below on the defendant is too unreasonable.

The prosecutor (unfairly unfair) who sentenced the court below to the defendants (the defendant A: 1 year and 6 months of imprisonment, 2 years of suspended sentence, 10 months of imprisonment and 2 years of suspended sentence) is too unfluent and unfair.

Judgment

Defendant

Defendant A appears to have acquired substantial benefits from the instant crime, but the fact that Defendant A led to his confession and repented the instant crime, Defendant A deposited KRW 20 million for the Industrial Bank of Korea for the sake of the Victim Industrial Bank of Korea; Defendant A did not have any particular criminal conviction except for the crime of injury; and Defendant A’s age, character and conduct, environment, motive, means and consequence of the instant crime, and other various sentencing conditions provided for in Article 51 of the Criminal Act, such as the circumstances after the instant crime, are considered to be unfair, given that the lower court’s sentence against Defendant A is too unreasonable. Therefore, the Prosecutor’s assertion of unfair sentencing is without merit.

Defendant

Defendant B’s assertion of unfair sentencing against Defendant B and the prosecutor’s assertion of unfair sentencing against the instant crime is an unfavorable condition that the Defendants appear to have committed the instant crime. Defendant A appears to have failed to obtain particular benefits from the instant crime on the wind of refusing to pay the instant money received from the Industrial Bank of Korea. The Defendant appears to have recovered from damage caused by the instant crime on March 12, 2015, including the instant money obtained through the prosecution of the instant case, by repaying the principal amount of KRW 273 million, including the instant money, to the Industrial Bank of Korea.

Accordingly, the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee is the fraud crime group.