사기
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (seven months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. We also examine each unfair argument of sentencing by the Defendant and the Prosecutor.
The fact that the defendant is recognized as committing the crime of this case and is against the defendant, the fact that the actual gains acquired by the defendant by participating in the crime of this case are not significant compared to the amount obtained by deceit, and that there is a separate principal offender who served as the core of the crime of this case, such as planning the crime of this case and providing forged documents, etc.
On the other hand, the crime of this case is committed by acquiring public funds to stabilize the residence of homeless workers in a systematic and planned manner by using a false lease contract, etc., and the nature of the crime is very poor. In the event that the damage caused by the crime of this case is not recovered, the loss ultimately would be covered by the national tax, and even if the acquired money exceeds KRW 70 million, it is unfavorable that the Defendant did not return the profits acquired by him.
In addition to the above circumstances, comprehensively taking account of the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is heavy or is deemed unreasonable.
3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.