사기
The defendant's appeal is dismissed.
The gist of the grounds for appeal by the defendant is that the defendant is against the status of the defendant, the defendant's mother suffers from the hard disc, the father suffers from the disability of the disabled of the disabled of the physically disabled of the 4th degree, the birth is the disabled of the brain of the 1st degree, and the defendant must support the family of the defendant, the amount acquired by the defendant of the 35,000,000 won of the fraud of the case of the 35,000,000 won, and the first offender, etc., the punishment of the 4-month imprisonment sentenced by the court below is too unreasonable.
In light of the circumstances alleged by the Defendant, the following facts are considered: (a) The instant case is a crime in which multiple persons conspired to prepare documents, such as a certificate of employment, a lease contract, etc., and thereby obtain the house chartered fund by using it, and the crime is not the quality of such crime; (b) the fraud amount of the instant case reaches KRW 35,00,000; and (c) the Defendant who has served as a false lessee obtains KRW 8,00,000 out of the above fraud amount; (d) there is no effort for the Defendant to pay damages up to the trial; and (d) considering other various circumstances, such as the Defendant’s age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment imposed by the court below is appropriate and it is not deemed unfair because it is excessively unreasonable.
Therefore, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. Since it is clear that the “company bank, the injured party,” among the facts constituting the crime of the lower judgment, is a clerical error of the “victim,” the Defendant’s appeal is correct ex officio in accordance with Article 25 of the Regulations on Criminal Procedure.