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All appeals by the Defendants are dismissed.
Reasons
1. Summary of the Defendants’ grounds for appeal
A. In light of the circumstances such as the fact that the defendant B is against the defendant, the amount of profit acquired by the defendant in this case is merely 26,000,000 won, which deposited 15,000,000 won, which led to the crime in this case by the invitation of co-defendant D, and the crime in this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of imprisonment of one year imposed by the court below is too unreasonable.
B. In light of the fact that the crimes of this case committed by Defendant D are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the amount of profit acquired by the Defendant in this case is merely KRW 90,000,000 or KRW 140,000,000, the punishment of imprisonment of two years sentenced by the court below is too unreasonable.
2. Determination
A. Considering the fact that Defendant B is against the Defendant, the Defendant deposited KRW 26,00,000 in total up to the trial for the Korea Housing Finance Corporation, and the fact that each of the crimes of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, even though considering the following circumstances: ① this case is a crime in which multiple persons conspired to prepare documents, such as a certificate of employment, a lease contract, etc., in collusion and obtain by using the documents, and the nature of the crime is inferior; ② the number of the crimes of this case is 4 times; ② the sum of the amount of fraud is 237,00,000,000 won; ③ the Defendant who recruited a false lessor, led others to commit the crime; ④ the period of punishment before the instant case reaches 13 times; ④ the Defendant included four times the period of punishment prior to the instant case; ⑤ the Defendant’s age, character and conduct, intelligence, environment, motive, means and consequence of the crime, etc., and the circumstances after the crime, it cannot be deemed reasonable and unreasonable.
B. Defendant D. Defendant D.