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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
The summary of the grounds for appeal (unfair punishment) alleged that the Defendant was erroneous in the appellate brief dated February 24, 2020 and the appellate brief dated March 3, 2020, but explicitly withdrawn it on the first trial date.
Nevertheless, the Defendant again asserted to the purport of misunderstanding facts in the coal application dated March 25, 2020. However, during the second trial of the trial of the trial court, the Defendant did not recognize all the facts charged and did not participate as the principal offender. Thus, the Defendant stated to the effect that it would be considered in sentencing.
The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.
The crime of this case was committed in collusion with B, C, D, etc. for the purpose of profit-making by inducing the defendant to provide jobs or money to the aged with an economically-free job and to provide accommodation, etc., and acquired the loan under the name of the aged.
In light of the fact that the defendant has committed a crime by sharing his roles systematically, the period of the crime is not shorter than the short, the number of crimes is not much, and the total amount of damage caused by the crime of defraudation is more than 100 million won, the quality of the crime is not good.
In particular, the Defendant’s participation in the commission of a false name, such as taking part in the lending of various documents in the name of the elderly and taking part in the lending of the documents, and the damage of the H& corporation, which is the defrauded, was not recovered.
The defendant did not appear on the trial date even though he was served a duplicate of the indictment and a writ of summons of the defendant at the court below, and the judgment of the court below was delayed for three years or more.
Such circumstances are disadvantageous to the defendant.
However, the Defendant is against the duty to recognize all of the crimes of this case when it comes to the trial.
The Defendant shared the role according to B’s instructions and avoided the crime, and he also suspended the crime on his own.
The defendant committed the crime of this case.