사기등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case was committed by the defendant as an assistant of the defendant who is a disabled person and caused A to receive support for more than 20 million won. The crime of this case was committed by the defendant as an assistant of the defendant who is a disabled person.
These crimes are highly likely to be socially criticized by supporting the self-reliance of persons with disabilities and reducing their family burden, resulting in serious inequalitys for activity support projects for persons with disabilities with the purpose of improving the quality of their lives.
Furthermore, the defendant needs to bear strict liability against the defendant in that he takes the lead of the crime of this case, and that he is more interested in the crime by inducing co-defendants of the court below to commit the crime of this case.
However, it is deemed unfair that the sentence imposed by the court below is too unreasonable in full view of the following factors: (a) the defendant acknowledges and reflects the defendant's wrongness; (b) the defendant paid the full amount by deceiving the defendant to the Yang Jong-si Branch of the Korean Federation of Persons with Disabilities, which is the victim's association; and (c) the recovery procedure of the victim Yangsan City with respect to part of the repayment amount is also expected to be completed in full; (d) the defendant has no criminal records of the same kind or suspended execution or more before the crime of this case is committed; (e) the defendant has no criminal records of the same kind or suspended execution before the crime of this case; and (e) the balance with the case where the judgment of the first head of the crime of the judgment of the court below is rendered simultaneously with the crime of which judgment has become final; (e) the children of Grade 1 with autistic disorder should be considered;
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.