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 sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. The instant crime of this case as to the reasons for appeal is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant submitted a false construction contract in which he/she prepared a double or more times the actual construction amount; and (b) obtained a credit guarantee from the Gyeonggi Credit Guarantee Foundation; and (c) obtained a loan of KRW 350 million from the Bank by using it; (d) the nature of the relevant crime is heavy; and (e)
However, there is no record that the Defendant was punished for the same crime, and there is no record that the Defendant was punished for the same crime, the amount of KRW 210 million out of the loan 350 million with the credit guarantee in this case was actually used as construction cost, and the Defendant set up a collateral security right to the real estate located in the Bank of Korea at the time of Pakistan, which is owned by the Bank of Korea, as collateral security for the above loan loan, and the Gyeonggi Credit Guarantee Foundation decided to "the total amount of the security deposit immediately after the completion of the building is terminated on the above site" by a special contract on credit guarantee with the Gyeonggi Credit Guarantee Foundation. When acquiring the above site as collateral, the Gyeonggi Credit Guarantee Foundation did not lose its guarantee obligation to the Bank of Korea, thereby causing damage to the Gyeonggi Credit Guarantee Foundation. In full view of all the circumstances revealed in the records and arguments, such as the Defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the Defendant's allegation that the above punishment was unfair is reasonable.
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, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and summary of the evidence are as follows.