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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 not more than four months.
, however, the defendant.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A’s mistake is divided and reflected by himself, the degree of participation of the Defendant was not excessive, and the Defendant did not engage in professional solicitation, the profits acquired by the Defendant are deposited, and the family members are faced with difficulties in living due to the detention of the Defendant, etc., the punishment (six months of imprisonment) imposed by the lower court is too unreasonable.
B. In light of the fact that Defendant B’s Defendant’s mistake is divided into one another and is against himself, and that he made efforts to pay for damage, such as additional deposit after the judgment of the court below, etc., the sentence imposed by the court below (4 months of imprisonment) is too unreasonable.
2. Determination
A. Common reasons for sentencing ① Each of the instant frauds is a planned and organized crime by creating false documents by using the hubs of the pre-tax loan system prepared by the Government for the stabilization of the lives of ordinary people in the National Housing Fund, which is a public fund. ② Each of the instant frauds is deprived of opportunities for use from ordinary people who are detrimental to the foundation of the pre-tax loan system for the stabilization of the lives of ordinary people and actually need to benefit from the above system, and is of significant social harm. ③ In the event the damage recovery by each of the instant frauds is not made, the loss ultimately would have been appropriated for the national tax, and thus, the damage therefrom would have to return to the people. Therefore, each of the instant frauds is very poor.
Therefore, these circumstances are commonly unfavorable circumstances to the Defendants.
B. The Defendant appears to have an attitude of reflecting the Defendant’s wrong judgment regarding Defendant A’s assertion in light of the circumstances favorable to the Defendant, but the Defendant recruited false lessors indispensable for the instant crime.