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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. Summary of the grounds for appeal each unfair sentencing (the original trial: Imprisonment for 8 months and imprisonment for 6 months)
2. In full view of the fact that Defendant A was partly repaid through Co-Defendant A in the trial of the judgment at the trial court against Defendant A, but there was no contribution by Defendant A to this, and Defendant A appears to have not made any effort to recover from damage, etc., no new circumstance exists to change the sentence of the court below in the trial in addition to the circumstances indicated by the court below, and even considering all the sentencing factors indicated in the arguments of this case, such as Defendant A’s age, character and behavior, environment, motive and means of the crime, and circumstances after the crime, etc., the sentencing of the court below is too excessive and it cannot be seen that the sentencing of the court below exceeded the reasonable scope of discretion.
Therefore, Defendant A’s assertion is without merit.
3. The crime of this case with respect to Defendant B is an unfavorable circumstance to Defendant B that is disadvantageous to Defendant B, by submitting a false work confirmation receipt by removing the number of persons posted at the construction site to obtain money from the side of the manpower office, and that the crime is not good, and that the damage amount is not 72,04,500 won in total.
However, in light of the fact that Defendant B recognized the crime and repaid the amount of KRW 30 million, which is part of the amount of damage in the trial, and other factors of sentencing as shown in the argument of this case, such as Defendant B’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the sentence of the court below is somewhat unreasonable.
4. In conclusion, the appeal by the defendant A is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal by the defendant A is without merit. Since the appeal by the defendant B is with merit, the judgment of the court below is reversed in accordance with Article 364 (6)
[Judgment as to Defendant B] Criminal facts and summary of evidence recognized by the court.