A defendant shall be punished by imprisonment for not less than three months.

2. The instant crime was committed by abusing the “house leasing loan system” for the stabilization of housing of homeless workers, thereby seriously impeding the operation of the said system, by deceiving the lending opportunities of the persons who need money to be leased, by depriving them of their opportunity to borrow money, and by failing to recover the damage therefrom, the loss is ultimately not appropriate for the national tax, and is likely to be subject to criticism, and the Defendant took part in the instant crime as a false lessee. In light of the degree of participation in the crime, the liability for the crime is not easy in light of the degree of participation in the crime, and the damage is not yet agreed with the victimized company, and most of the damage is not recovered, etc., that are disadvantageous to the Defendant.

However, in light of the favorable circumstances, such as the fact that the defendant recognized the crime of this case, the profit acquired by the defendant seems to be much smaller than the amount acquired by deceit, the fact that the defendant deposited 5 million won for the damaged company in the trial, the circumstance that he had no record of criminal punishment prior to this case, and other favorable conditions such as the defendant's age, character and behavior, environment, background, method of the crime, degree of participation, circumstances after the crime, criminal record relation, etc., and all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, and criminal record relation, the punishment imposed by the court below

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.