사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant, without being well aware of the content thereof, committed the instant crime; (b) the Defendant committed the instant crime in depth with his mistake divided; and (c) the Defendant has made efforts to recover damage by repaying KRW 12 million and by making installment repayment agreements on the remaining loans.
2. The Defendant served as a false tenant in the instant crime. The instant crime is a situation unfavorable to the Defendant, in view of the fact that: (a) it is highly likely to make a false document by acquiring public funds in a planned and organized manner by taking advantage of the hub of the loan system; and (b) it is highly likely that the social harm was significant; and (c) if the damage from the instant crime is not recovered due to the instant crime, the loss resulting from the crime would be ultimately appropriated for the national tax, and thus, the damage resulting from the crime would be attributed to the people. The fact that the amount of fraud is not much 65 million won.
However, the defendant appears to have an attitude that the defendant divided his fault into his own mistake, and the fact that after the judgment of the court below, the defendant repaid 12 million won out of the loan and paid 12 minutes in installments according to the installment repayment agreement on the balance of the loan and made considerable efforts for the repayment of damage is favorable to the defendant.
In full view of the above circumstances and various circumstances, such as the circumstance and motive leading up to the instant crime, circumstances after the commission of the crime, age, environment, character and conduct, family relationship, etc., the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] Criminal facts and charges.