사기
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
except that this judgment.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentences against the Defendants (Defendant A: 10 months of imprisonment and Defendant B: 8 months of imprisonment) are too unreasonable.
2. Determination
A. The Defendant A’s mistake reflects his own fault, etc. is favorable to the Defendant.
However, in full view of the following factors: (a) the instant fraud crime committed by the Defendant was planned by acquiring funds by means of the capital loan system for workers; and (b) the social malicious crime constitutes a serious crime; and (c) the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime; and (d) taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, it is deemed that the sentence of the lower court against the Defendant is too unreasonable as it is too too unreasonable.
B. Defendant B’s instant fraud crime is an unfavorable circumstance to the Defendant, which is the planned acquisition of funds by means of the hub of the housing lease loan system for workers, and constitutes a crime of serious social prejudice.
However, in full view of the following: (a) the Defendant’s mistake is against himself; (b) the Defendant deposited KRW 2 million for the victim at the investigation stage; and (c) the Defendant deposited KRW 6 million for the victim at the investigation stage; and (d) the Defendant was punished for the same kind of crime or was in excess of the suspended execution; and (c) the Defendant did not have any criminal history; and (d) other factors of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (e) the circumstances before and after the crime, the Defendant’s argument
3. In conclusion, Defendant B’s appeal is reasonable, and pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment below against Defendant B among the judgment below is reversed, and it is again decided as follows, and Defendant A’s appeal is made.