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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 four months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A received proposals from his accomplice B and I and did not know well, the Defendant committed the instant crime without being aware of the content, the Defendant’s mistake is against himself, and the principal of the loan has been repaid in good faith each month in accordance with the agreement with the damaged bank, the Defendant has been paying KRW 200,000 per month, and is a plan to repay in the future, and the Defendant has to care for her young children, etc., the Defendant’s imprisonment (six months of imprisonment) sentenced by the lower court is too unreasonable.
B. In light of the fact that Defendant B used the loan as a cost of maintaining livelihood, deposited KRW 26 million, etc., the Defendant made efforts to recover damage, and that there is no record of punishment against the Defendant, etc., the sentence imposed by the lower court (one month of imprisonment) is too unreasonable.
2. Determination
A. Common reasons for sentencing ① The instant fraud was committed by the Government, a public fund, in a planned and organized manner, by taking advantage of the weak points of the fund loan system for the stabilization of the lives of ordinary people in the National Housing Fund that is a public fund, and thus is highly likely to be subject to criticism. ② The instant fraud was committed in that it undermines the foundation of the fund loan system for the stabilization of the lives of ordinary people and deprived of opportunities for use from ordinary people who actually need the benefit of the above system, and thus is of significant social harm. ③ In the event that the instant fraud does not recover from the damage caused by the instant fraud, the loss caused by the fraud would have been ultimately appropriated for the national tax, and thus, the damage caused by the fraud would have to return to the people. Therefore, it is very poor to commit the instant fraud.
Therefore, these circumstances are commonly unfavorable circumstances to the Defendants.
B. The Defendant’s assertion regarding Defendant A is false in committing the instant crime.