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The judgment below
The part of the defendant D against the defendant is reversed.
Defendant
D. A person shall be punished by imprisonment for not less than six months.
Defendant
A. A.
Reasons
1. Summary of the Defendants’ grounds for appeal
A. In light of the fact that Defendant A is against the Defendant, the amount acquired by the Defendant is merely 18,00,000 won, the family should be supported, and the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, etc., the punishment for six months sentenced by the lower court is too unreasonable.
B. In light of the fact that Defendant B is against the Defendant, and that there is no other criminal history except for the punishment of KRW 500,000 due to the crime of injury in 200, etc., the punishment for six months sentenced by the lower court is too unreasonable.
C. In light of the fact that Defendant D is against the Defendant’s gender, there is no history of punishment for the same kind of crime, and suffering from the cateral certificate, the imprisonment for six months sentenced by the lower court is too unreasonable.
2. Determination
A. Considering the circumstances alleged by the Defendants A and B, the following facts are considered: ① the case is a crime in which many people conspired to make a false document, such as a certificate of employment, lease contract, etc., and the quality of the crime is bad; ② the amount of fraud of the case is about KRW 60,000,000, and KRW 62,000,00 in the case; ③ the Defendants have acquired KRW 18,000,00 in the above fraud amount by themselves, and KRW 15,000 in the case, and KRW 15,00 in the case, and KRW 15,00,000 in the above fraud amount by themselves; ④ the Defendants did not have made efforts to pay damages until the trial of the case; ④ the Defendant was punished five times prior to the crime of this case; ⑤ The Defendant’s age, character and conduct, intelligence, environment, motive, means and consequence of the crime, etc., are considered to be inappropriate and unfair.
B. On the grounds of appeal by the defendant D.