The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The sentence (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

The Defendant, in collusion with the loan brobeers, abused the “house leasing loan system” for the stabilization of the residence of homeless workers, thereby defrauding KRW 70 million.

This is highly likely to seriously impede the operation of the above system, to deprive the persons who need the funds for the real lease of the opportunity to borrow the loans, and to make the loss ultimately be appropriated for the national taxes, if the damage is not recovered.

The Defendant acquired most of the amount of damages due to the instant crime, and did not recover approximately KRW 41 million.

However, the Defendant did not have any history of punishment for the same crime, and paid to the victim approximately KRW 1.5 million in total the principal and interest, and paid to the guarantor a sum of KRW 1,694,00,000 according to a installment payment agreement with the Korea Housing Finance Corporation.

In full view of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the court below against the defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347(1) and 30 of the Criminal Act, and the choice of imprisonment.