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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
The punishment against B shall be set forth as six months.
(b).
Reasons
1. The sentence imposed by the lower court to the Defendants is too unreasonable as the gist of the grounds for appeal is unreasonable.
2. Determination:
A. After the judgment of the court below on Defendant A, there is a change in circumstances in which Defendant A paid additional KRW 6 million and Defendant B paid additional KRW 32,83,335 in total.
However, although the amount of damage is not paid up to the day, it is not paid up to the day, and the defendant A obtained the most big profit through the crime of defraudation of 70 million won loan, but most of the repayment for the amount of damage is being carried out by the defendant B, not by the defendant A.
In addition, considering the overall circumstances alleged by Defendant A on the grounds of appeal, the lower court’s sentence against Defendant A is too unreasonable, even if it is considered that the lower court’s punishment against Defendant A is too unreasonable.
Therefore, Defendant A’s argument of sentencing is rejected.
B. Defendant B acquired KRW 7 million out of the total amount of KRW 70,000,000,000,000 from the loan, Defendant B repaid the total amount of KRW 18,833,335 from the lower court to the lower court, and Defendant B actively endeavored to recover damage, such as repayment of additional KRW 32,833,335,00,000, which led to the repayment of considerable amount of damage.
In addition, when comparing the sentencing conditions as shown in the records and arguments of this case and the reasons for sentencing of the judgment of the court below, the court below's sentence against Defendant B may be deemed unfair.
Therefore, Defendant B’s argument of sentencing is reasonable.
3. If so, Defendant A’s appeal cannot be accepted. Thus, Defendant A’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.
Defendant
B The appeal is reasonable, and the part of the judgment of the court below against Defendant B among the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal against Defendant B is again decided as follows.
Criminal facts
(b).