사기
The judgment below
The part of the defendant D against the defendant is reversed.
Defendant
D. A person shall be punished by imprisonment for not less than six months.
Defendant
A, B, C, and.
The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (Defendant A and E: 6 months of imprisonment, Defendant B: imprisonment with prison labor for one year and six months, Defendant C: imprisonment with prison labor for 4 months and Defendant D: imprisonment with prison labor for 8 months) is improper.
Judgment
In common, each of the crimes of this case committed by a person who uses a “house leasing loan system” for the stabilization of the residence of homeless workers and obtains a loan by deception, is likely to seriously impede the operation of the above system, deprive the person who requires the money of lease on a deposit basis, deprives the person who is in need of the money of the opportunity to borrow the money, and ultimately, if the damage is not recovered from the crime, the loss must be ultimately appropriated for the national tax.
Defendant
B It is recognized that the defendant deposited KRW 10 million for the victim citizen bank in the court below, and KRW 6 million for the victim single bank, respectively, and deposited KRW 5 million for the victim bank in the court below.
However, the Defendant, in collusion with the remaining Defendants, loan hubs, U.S., actively participated in each of the instant crimes by taking charge of a lessor’s role, and the total amount of damages for each of the instant crimes reaches KRW 179 million, and the nature of the instant crimes is very heavy.
The defendant has been punished as a crime of fraud in the past.
The Defendant did not agree with the victims until the time of the trial, and most of the damages were not recovered.
In full view of the aforementioned circumstances and the general amounts of punishment in the same and similar cases, and the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc., the conditions of sentencing as shown in the arguments in the instant case, including the circumstances after the crime was committed, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s punishment against the Defendant is too unreasonable.
Defendant
A, C, E, and E are the primary offenders, and Defendant C are the same crimes.