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The judgment below
The part against the Defendants is reversed.
Defendant
E shall be sentenced to six months of imprisonment, and to four months of imprisonment.
Reasons
1. Defendant E;
A. In light of the following circumstances: (a) the gist of the grounds for appeal by the defendant is against the defendant; (b) only one time of punishment due to the violation of the Road Traffic Act in 2006; (c) the support should be provided to the family members including the father-class 1 of mental retardation; and (d) the defendant was living in the crime of this case but the amount of profit acquired by the crime of this case is only 24,00,000 won, the punishment for six months of imprisonment sentenced by the court below is too unreasonable.
B. The judgment of this case is reasonable in light of the following circumstances: (a) a multiple number of persons conspired to make a false document, such as a certificate of employment, a lease contract, etc., and obtain a house lease fund by using the document, and the crime is not good; (b) the amount of the fraud of this case is up to KRW 60 million; and (c) the Defendant, who has served as a tenant, has acquired KRW 24,00,000 out of the above money by himself/herself; and (d) the amount recognized as having been acquired by the Defendant by depositing only KRW 7,00,000 up to the trial, is also insufficient.
(1) However, as well as the confession of the defendant from the investigative agency to the trial of the court, not only the confession of the crime, but also the depth of 70 days of detention, <2> the defendant must support his family including his father and son and son and son and son of the third degree of brain-disease disorder;3) although the defendant's acquisition does not fall short of the amount recognized by the defendant, he deposit 7,000,000 won at the trial and expresses his intention of repayment of damage in economic circumstances where the defendant is difficult, ④ Considering that many people take part in the crime of this case and that the defendant did not take lead in the crime of this case, the amount of profit acquired by the defendant is deemed to considerably fall short of 60,000 won, and ⑤ the defendant is punished for a fine of 70,000,000 won as a crime of violating the Road Traffic Act in 206.