사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The instant crime is not likely to cause serious damage to financial institutions, etc., by abusing the loan system for the entire loan.
The defendant committed crimes in a systematic and planned manner, such as writing and shipping a false charter contract and a false certificate of employment with his accomplice.
As alleged by the Defendant, even if not directly involved in the process of concluding the lease agreement set forth in paragraphs (2) and (3) of the holding of the lower judgment, the degree of participation is somewhat weak in that the lessor was in the position of lessor
subsection (b) of this section.
The Defendant acquired profits exceeding KRW 30 million due to the instant crime.
However, after the decision of the court below was rendered, the family members of the defendant paid KRW 65,402,180 to the Korea Housing Finance Corporation in subrogation of the victim Han Bank in relation to the facts constituting the crime of paragraph 1 of the judgment below, and agreed to pay the remainder in installments. The victim Han Bank Co., Ltd. paid KRW 10,300,000 out of the remainder of the damage amount of KRW 12,516,00,000 and made efforts to recover the damage.
The defendants recognize all their mistakes and are against themselves.
There are no criminal records in the defendant and only two times of punishment due to a fine.
In full view of such circumstances as well as the Defendant’s age, sex, family relationship, motive, means and consequence of the crime, all of the sentencing conditions shown in the pleadings, such as the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
【Grounds for a new judgment】 Criminal facts and summary of evidence recognized by the court are identical to the relevant column of the judgment of the court below.