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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (six months of imprisonment).
2. Determination
A. The lower court rendered the above sentence in consideration of the circumstances favorable to the Defendant, such as the fact that the Defendant committed the instant crime even though he had been sentenced twice due to fraud, etc., and that the Defendant abused the entire loan system introduced for the stabilization of the housing of homeless workers, and that the Defendant abused the entire loan system for the stabilization of the housing of homeless workers, and the nature of the crime is inferior, the amount of damage is reasonable, and the Defendant did not recover from damage. However, the Defendant shows a attitude to reflect his mistake, and only he personally acquired part of the amount of damage in the instant case (20 million won in case of the Defendant’s assertion). The instant crime ought to be considered at the same time as the previous conviction in the lower judgment, and the fact that the equity should be considered in the case of the judgment.
B. The instant crime of this case is a planned and organized acquisition of public funds by means of creating false documents using the hubs of the fund lending system prepared for the stabilization of the lives of ordinary people with the National Housing Fund, which is a public fund. The loss of the said fund ultimately is inevitable to be appropriated from the national tax, and thus, it is not good that the damage therefrom is returned to the people beyond the bank, which is the victim directly.
In addition to the circumstances considered by the lower court, there is no circumstance that the lower court’s determination of sentencing was deemed to have exceeded the reasonable bounds of its discretion or to be unfair to maintain it as it is, in full view of the circumstances indicated in the instant records and arguments, including the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after the crime.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Moreover, the lower court is the lower court.