사기
All appeals filed by the prosecutor, the defendant A and B are dismissed.
1. The summary of the grounds for appeal asserts that the sentence imposed by the court below on the Defendants (the defendant A and C: the imprisonment of six months, the probation of two years, the probation of 120 hours, the community service order of 6 months, the probation of execution of six months, the probation of two years, and the community service order of 160 hours) is unfair because the prosecutor's punishment against the defendants is too uneasible, and that the defendant A and B's punishment are too unreasonable.
2. Determination
A. The prosecutor with respect to Defendant A, Defendant B, and Defendant A and Defendant B’s reasons for appeal are as follows: (a) the confession was made by Defendant B; (b) the degree of participation in the instant crime was written and the profits actually earned by Defendant A are relatively small; and (c) the above Defendants are more favorable to the fact that the said Defendants did not have the same criminal record; and (d) the instant crime was committed by abusing the system of lending the deposit money at a low interest rate at a financial institution for the stabilization of ordinary people’s residential stability; (b) the nature of the crime is bad; and (c) even though the amount of damage was relatively large, the said Defendants did not agree with the victims or
In full view of the above circumstances and other circumstances, such as the age, character and conduct of the above Defendants, the motive, means and method of the instant crime, and the circumstances after the crime, the lower court’s punishment against the said Defendants is deemed appropriate, and it is not deemed that the said Defendants are excessively heavy or light.
B. The instant crime with respect to Defendant C is abuse of the system to lend the lease fund at a low interest rate from a financial institution for the stabilization of the lives of ordinary people. The nature of the crime is bad, and even though the amount of damage is a relatively large amount, it is unfavorable for the said Defendant to agree with the victims or was not repaid the damage. However, the said Defendant’s confession is a relatively small amount of profit, the said Defendant’s actual profit is a primary offender, the said Defendant’s age, character and conduct, the motive, means and method of the instant crime, and other crimes.