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The judgment below
Part concerning Defendant A and B shall be reversed, respectively.
Defendant
A shall be punished by imprisonment for six months and by imprisonment for defendant B.
Reasons
1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced to the Defendants (e.g., six months of imprisonment, four months of imprisonment, and one year 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. Defendant A’s judgment on the assertion of unfair sentencing by Defendant A is an unfavorable reason for sentencing, which is common to the above, as a person who takes the role of a false tenant in the instant crime.
However, Defendant A shows an attitude that Defendant A had his depth and reflect on the instant crime, and Defendant A has no record of being sentenced to more severe punishment than the fine, and Defendant A deposited the full amount of the money acquired (58 million won) in the original judgment and the original judgment and actively endeavored to pay for the damage, etc. are favorable circumstances.
In addition, comprehensively taking account of the circumstances leading up to the instant crime and the circumstances after the instant crime, etc., various circumstances constituting the conditions for sentencing as shown in the records and pleadings.