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The judgment of the court below is reversed.
Defendant
C. The defendant D shall be punished by imprisonment with prison labor for not less than five months and by imprisonment for not more than four months.
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., Defendant C: imprisonment with prison labor for 8 months and Defendant D: imprisonment with prison labor for 6 months) is too unreasonable.
2. Determination
A. The Defendants in common reason for sentencing are all the persons who take the role of a false lessor in the instant crime. ① Each of the instant fraud committed by the Government, a public fund, is planned and organized by taking advantage of the hubs of the pre-tax lending scheme prepared 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 Each of the instant fraud committed by the public fund is detrimental to the foundation of the pre-tax lending system established for the stabilization of the lives of ordinary people, and is deprived of opportunities for use from ordinary people who actually need the benefit of the above system, and is of significant social harm. ③ If the damage is not recovered due to each of the instant fraud, the loss therefrom is ultimately appropriated for the national tax, and thus the damage therefrom can return to the people. Therefore, each of the instant fraud committed by the public fund is very poor.
Therefore, these circumstances are commonly unfavorable circumstances to the Defendants.
B. The grounds for sentencing in common prior to Defendant C’s assertion of unfair sentencing are unfavorable circumstances.
However, the above defendant has been divided into and reflected against the crime of this case, and the above defendant has no record of being sentenced to more severe punishment than the fine, and the above defendant has deposited part of the amount acquired by deceit and has endeavored to pay for damage.
In addition, in full view of the circumstances that led to the Defendant’s instant crime and the circumstances after the commission of the crime, etc., the lower court’s punishment against the said Defendant is as is.