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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A was well aware of the process of the instant crime and was simply involved in it, there was no profit acquired from the instant crime, and there was no record of punishment for the Defendant, etc., the sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
B. In light of the fact that Defendant B, who recognized his mistake, was passively involved in the instant crime, and the Defendant deposited money exceeding the amount of profit to recover the damage, etc., the punishment (eight months of imprisonment) imposed by the lower court is too unreasonable.
2. Determination
A. Common reasons for sentencing ① The instant crime is a planned and organized acquisition of public funds by means of the capital loan scheme prepared by the Government for the stabilization of the lives of ordinary people in the National Housing Fund, which is a public fund. ② The instant crime is the deprivation of opportunities for use from ordinary people who undermine the foundation of the pre-tax loan system for the stabilization of the lives of ordinary people and actually need the benefits of the aforementioned system, and is of significant social harm. ③ If the damage is not recovered due to the instant crime, the loss therefrom is ultimately appropriated for the citizen’s tax, and thus, the damage therefrom can be returned to the people. Therefore, the instant crime is very poor.
Therefore, these circumstances are commonly unfavorable circumstances to the Defendants.
B. As to Defendant A’s assertion, the Defendant took charge of a false lessor in the instant crime, and the fact that the lessor’s role in the completion of the instant crime cannot be deemed to be less than that of a person who takes charge of false lessee in terms of the importance of the lessor’s role in the completion of the instant crime, and the reason for sentencing as seen earlier.