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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended execution, and 80 hours of community service order) of the lower court against the Defendant is deemed unreasonable.
2. The instant crime committed by the Defendant abused that the loan of money for lease on a deposit basis is not strict in the process of examining the loan and collecting the money by guaranteeing the Korea Housing Finance Corporation. As such, in the case of the instant crime, the Defendant conspireds with the fraudulent members of the loan for lease on a systematic basis with the bank, thereby taking money from the bank, which eventually causes substantial damage to the ordinary people by resolving the problem of public funds of the Korea Housing Finance Corporation.
However, in light of the following: (a) the Defendant led to the instant crime; (b) the Defendant is acting as a lessee; and (c) the degree of participation is relatively minor in the role of lending the name in the process of organized crimes; and (d) the Defendant does not have the same criminal records; (b) other factors of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) other factors of sentencing prescribed in Article 51 of the Criminal Act, including the circumstances before and after the crime, the lower court, which has suspended the execution of imprisonment with prison labor for the Defendant, in addition to the community service order,
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
However, since it is obvious that the "Article 347 (1) of the Criminal Act" and "the choice of punishment" of the "Article 347 (1) of the Criminal Act" among the "application of the law" of the judgment below is omitted, it is corrected to add it ex officio in accordance with Article 25 of the Regulation on Criminal Procedure.
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