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

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case is not very good for the crime to be committed by an organized crime that has been closely planned, and the amount of defraudation is a total of KRW 122 million, which is a large amount of KRW 122 million. Nevertheless, the efforts to recover damage to this court or the failure to agree with the victims is disadvantageous.

However, in light of the fact that the defendant has recognized his mistake, the defendant did not have any previous conviction except for the one-time punishment of fine, the defendant's participation in the lending fraud is minor compared to other accomplices, and the profits he acquired by himself are not much in light of the total amount of the fraud, it is more favorable that the defendant's participation in the lending fraud is insignificant than that of other accomplices. In addition, in full view of equity in sentencing with accomplices, the background of the crime in this case, circumstances after the crime, the defendant's age, character and conduct, etc., the court below's punishment is deemed to be unreasonable, and therefore, the defendant's argument is reasonable.

Therefore, the defendant's appeal is justified. Thus, 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 admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;