사기
All of the appeals by prosecutors are dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution in one year and two months of imprisonment for each one year and two months, and one hundred and twenty hours of community service) is deemed to be too uneasy and unfair.
2. The Defendants acquired 100 million won under the name of the Co-Defendant C of the lower court’s joint Defendant C as the fund for the lease of workers’ house in order to obtain payment of the loan. The Defendants forged not only the amount of damage but also the certificate of employment and the four-party insurance subscription in the course of defraudation.
However, the Defendants paid 35 million won to C for the recovery of damage, and C paid 80 million won including the above money to the victim, thereby recovering most of the damage, and there was no record of punishment for the same kind of crime.
In addition, considering the various circumstances that form the conditions for sentencing, such as the age, sex, environment, motive, method, and consequence, etc. of the Defendants as shown in records and pleadings, the lower court’s punishment is within the scope of reasonable discretion, and it is not recognized that it has reached the degree of undueness because it is too unfasible.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.