사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. The crime of this case is normal for the following reasons: (a) the crime of this case is committed by acquiring loans from financial institutions after many people conspired to obtain a false certificate of employment, lease contract, etc. from the financial institutions by means of the abuse of the lending system to support the whole-time fund of ordinary people; (b) the crime of this case is committed by obtaining the loans from the financial institutions; (c) the crime of this case is not committed; (d) the loss due to the failure to repay the loans is inevitable to be appropriated for the national tax; (e) the social harm caused by the failure to repay the loans is very large; and (e) the defrauded amount is not specified as KRW 66,50,
However, the fact that the Defendant is recognized as committing the instant crime, the fact that the Defendant appears to have not much profits acquired by the instant crime, the fact that the Defendant is liable for the final repayment as the obligor of the said loan, the lower court paid the victim an amount equivalent to 10% of the amount of damage, and the Defendant additionally repaid KRW 10 million to the Korea Housing Finance Corporation in the first instance trial, is favorable to the Defendant.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions stated in the instant pleadings, such as the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of
Application of Statutes
1. Relevant Articles of the Act concerning the facts constituting the crime;