사기
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
Defendant
A.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of August and the imprisonment of Defendant B 1) is too unreasonable.
2. Determination
A. The fact that Defendant A recognized the instant crime and reflects the judgment on Defendant A, and that Defendant A has no record of criminal punishment, etc. can be considered in sentencing.
However, the crime of this case was committed by the Defendants by acquiring the National Housing Fund for the homeless by means of acquiring the false lease contract form from the National Housing Fund for the homeless, and the damage amounted to KRW 74,584,941, but Defendant A did not completely recover from the damage amount, and considering other circumstances that are conditions for sentencing, such as Defendant A’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., the punishment sentenced by the court below is too unreasonable.
B. As to Defendant B’s determination of the instant crime, the fact that the nature of the instant crime was serious, and that the amount of damage was not much significant, etc. are disadvantageous to sentencing.
However, around November 2015, the Victim’s National Bank received KRW 67,320,00 from the Korea Housing Finance Corporation that provided credit guarantee at the time of the loan of the instant deposit, and recovered from damage by receiving the principal and interest of KRW 10,442,064 from Defendant B’s spouse Q on July 21, 2016, and the said Q repaid KRW 15,00,000 out of the total amount of principal and interest of the reimbursement of the reimbursement of the said deposit to the Korea Housing Finance Corporation on June 2, 2016. From July 2, 2016 to August 8, 2016, Defendant B promised to make a change in the amount of KRW 570,00 each month, and Defendant B promised to have no record of criminal punishment, taking into account the circumstances that are favorable to the punishment, such as the circumstances, age, environment, motive, means and consequence of the crime, etc.
3. In conclusion, Defendant B’s appeal is reasonable, and thus, Defendant B among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act.