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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and two months.
Defendant
B.
Reasons
1. The sentence (Defendant A: Imprisonment with prison labor for 1 year and 6 months, and Defendant B: 10 months) declared by the court below is too unreasonable.
2. Determination
A. The Defendant’s crime of this case against Defendant A is to obtain a total of KRW 370,00,000 through two occasions in collusion with loan slabs, and to use a written contract under the name of another person and make a false document in the process; in light of the nature of the crime and the amount of fraud, the crime of this case and the crime of the 2015 senior group 3814 case, the amount of damage exceeds KRW 100,000,000,000,000 won, it is inevitable to sentence the Defendant with a reasonable period of punishment, considering that the damage was not completely recovered.
However, in full view of the following facts: (a) the Defendant was in the first instance trial and the victim of the 2015 High Order 3598 incident, and the said victim did not punish the Defendant; (b) the Defendant did not have any history of punishment for the same kind of crime; (c) the aged; and (d) other various sentencing conditions as indicated in the records of the instant case, the sentence imposed by the lower court is somewhat unreasonable.
B. The fact that Defendant B did not have any benefit from the instant crime may be considered as normal data favorable to the Defendant.
However, the defendant's crime of this case is significant in 100 million won from the damaged bank by preparing a false lease contract in collusion with loan slabs, etc.
Although the defendant has served ten years ago, he/she has been punished by a fine due to the same criminal act.
Until now, damage has not been completely restored.
In addition, considering the above-mentioned favorable normal data, the sentence imposed by the court below is not hot, even if considering the circumstances leading to the Defendant’s instant crime and the circumstances after the crime.
3. Conclusion, Defendant A’s appeal is reasonable.