사기등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, and for six months, each of the defendants B.
except that this shall not apply.
1. The judgment of the court below against the defendants in summary of the grounds for appeal (one year of imprisonment to the defendants A and six months of imprisonment to the defendants B) is too unreasonable.
2. The Defendants’ unfavorable circumstances are as follows.
In addition, the Defendants committed the instant fraud with the history of criminal punishment for the crime of fraud in the past, but again committed the crime of fraud in the same kind. The Defendants, by misrepresenting another person through a forged pre-tax agreement, acquired 40 million won from the victim D as a loan, and thereby, do not constitute a crime in light of the criminal law, nor is the case be somewhat weak in light of the criminal law.
The amount of damage caused by the instant fraud is relatively large, but the damage has not been recovered until the considerable period from the date of the crime, so the said victim was punished by the Defendants.
On the other hand, when Defendant A kept in custody the registration number of CKafa car operated by Defendant A due to tax delinquency, he forged the registration number plate and operated the said vehicle, and furthermore, when Defendant A was controlled by police officers on this ground, Defendant A made and submitted a written statement under his name. In light of the circumstances of the crime, the nature of the crime is very poor.
The conditions favorable to the Defendants are as follows.
The Defendants have no record of having been sentenced to punishment, and they are in violation of depth while making a confession of all of the crimes of this case.
The Defendants were unable to carry out economic conditions as a recipient of basic livelihood security, and the Defendants caused the fraud of the instant case, and there are some circumstances to consider the circumstances leading to the crime.
Defendant
A is in a situation where it is very difficult to move because it suffers from the right side paralysis, language disorder, etc. due to cerebrovascular, and Defendant B is the spouse of Defendant A and children of Defendant A need to care for them.
. Defendants