The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and four months.

Defendant

C.

1. Summary of grounds for appeal;

A. The defendants' punishment (the defendant A: imprisonment of 1 year and 6 months, defendant C and D: imprisonment of 4 months) is too unreasonable.

B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination:

A. Defendant A, in collusion with accomplices, by deceiving the victim by means of preparing and submitting a false certificate of employment and a charter contract, etc., and by deceiving the victim to use the money for the lease of housing for ordinary people who are financed by the National Housing Fund. The fact that the method of the crime is organized and professional, and the nature of the crime is extremely poor, the number of the defendant's participation in the crime reaches six times, and the degree of participation is not less than that of the defendant's participation, such as taking charge of the preparation of a false charter contract, and the fraud amount exceeds 250 million won in total, but the fact that there is no measures to recover damage up to the trial is disadvantageous to the defendant.

However, in full view of the facts that the defendant led to the confession of each of the crimes of this case and reflects on it, the defendant additionally deposited KRW 20 million in the trial other than the money acquired through deception, and the first head of the original judgment that became final and conclusive, and the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the concurrent crimes under Article 39(1) of the Criminal Act, the equity with the case to be judged concurrently pursuant to Article 39(1) of the Criminal Act should be considered, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, character, family environment, circumstances before and after the crime, etc., the court below's punishment against the defendant is somewhat inappropriate. Thus, the defendant's assertion is reasonable,

B. Defendant C and D Defendants were led to confession and reflect on the instant crime, and each of the crimes in the first head of the lower judgment, which became final and conclusive, and the latter part of Article 37 of the Criminal Act constitutes concurrent crimes under Article 39(1) of the Criminal Act.