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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for six months, for ten months, for Defendant B, and for eight months, for Defendant C.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A had to raise funds for repayment of borrowed money and did not know well about the process of the loan, the Defendant committed the instant crime without knowing it, the Defendant’s misunderstanding of his own misconduct, and the benefits derived from the instant crime are small amounts, etc., the sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
B. In light of the fact that Defendant B did not reach the crime of this case as planned from the beginning, that he did not engage in solicitation except for the crime of this case, that the Defendant was erroneous, and that there was no profit acquired from the crime of this case, etc., the sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.
C. In light of the fact that there was no history of punishment against Defendant C, and that there was no benefit acquired by the Defendant due to the instant crime, etc., the sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.
2. Determination
A. Common reasons for sentencing ① The instant fraud was committed by the Government, a public fund, in a planned and organized manner, by taking advantage of the weak points of the fund loan system for the stabilization of the lives of ordinary people in the National Housing Fund that is a public fund, and thus, is highly likely to be subject to criticism. ② The instant fraud was committed in that it undermines the foundation of the fund loan system for the stabilization of the lives of ordinary people and deprived of opportunities for use from ordinary people who actually need the benefit of the above system, and is of significant social harm. ③ In the event the damage is not recovered due to the instant fraud, the loss resulting from the crime would have been ultimately appropriated for the national tax, and thus, the damage therefrom would have to return to the people. Therefore, the instant fraud is very poor.
Therefore, these circumstances are.