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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.
Reasons
1. Summary of grounds for appeal;
A. Defendant A: The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.
B. Defendant B’s mistake of the fact that Defendant B entered into a lease agreement with the lessee (Defendant A and J) and the contract was reversed.
The loan deposited from the bank is only forwarded to the lessee again, and there is no public invitation with E.
However, since the court below convicted Defendant B of the facts charged in this case, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2) The sentence of the lower court (one hundred months of imprisonment) which is unfair in sentencing is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged based on the evidence duly adopted and investigated by the lower court and the first instance court as to the Defendant B’s assertion of misunderstanding of the facts, the fact that Defendant B, in collusion with E, obtained a total of KRW 126 million loan from the injured party, can be acknowledged.
Therefore, the judgment of the court below which found Defendant B guilty of the facts charged of this case is just, and there is no error of misconception of facts as alleged by the defendant.
① From the investigative agency to the court below’s decision, “The proposal was made that Defendant B received and divided the entire loan through a false lease contract,” and “Defendant B made 10% of the loan amount at the 10% order,” and “Defendant B obtained the lessee’s confirmation of termination of the entire lease contract and the receipt for the refund of the deposit amount,” and the Defendant B also consented to the conclusion of the false lease contract by entering into a false lease contract with the lessor, Defendant A and J as a false lessee and entering into a false lease contract with the lessee, and the 66,000 won amount of the entire lease contract (a false lessee) and 66,000 won (J).