사기
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal by the defense counsel (unfair form of punishment) is as follows: (a) the defendant recognized the error of the defendant; (b) the defendant took part in the false lease agreement prepared by the accomplices of the crime of fraud in the loan of money for lease on a house only signed as a lessor and did not have any profit from distribution; and (c) the defendant was sentenced to a suspended sentence of three years on August 9, 2013 by the Seoul Northern District Court on the grounds of the crime of injury at the Seoul Northern District Court on August 17, 2013 and the decision became final and conclusive on the 19th day of the same month; (d) the crime of this case is in the concurrent relation between the crime of injury for which the judgment became final and conclusive and the crime of this case should take into account the equity with the case
2. The crime of this case was committed by the Defendant by abusing the system of a house chartered loan that was created for the stabilization of the people's residential stability, and thus, it is not good to commit the crime by acquiring a planned and systematic loan in collusion with C, D, and the Defendant acting as a false lessor, thereby playing an essential role in completing the crime of this case. In order to prevent such crime, it is necessary to severely punish the involved in the crime; the amount of fraud is equivalent to KRW 90,000,000,000, but does not recover from damage to the trial; the Defendant did not lead the crime of this case; the degree of participation in the crime of this case is relatively insignificant and does not have a substantial profit compared to other accomplices.
The circumstances that are concurrent crimes under the latter part of Article 37 of the Criminal Act are already reflected in the grounds for sentencing which are already favorable in the original instance, and there are no special changes in circumstances that may be considered in the sentencing in the original instance, and other various matters stipulated in Article 51 of the Criminal Act, such as the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and the character and conduct, environment, and family relationship of the Defendant