However, considering the circumstances alleged by the Defendant, ① this case is a crime in which multiple persons conspired to prepare documents, such as a certificate of employment, a lease contract, etc., and the quality of the crime is bad as a crime by acquiring the house chartered fund by using it, ② the amount of the fraud of this case is up to 50,000,000 won, ③ the Defendant who served as a tenant voluntarily acquired KRW 9,00,000 out of the above money, and there is no effort for the Defendant to pay damages up to the trial, ④ other circumstances such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered, 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 “victim’s corporate bank” in Article 9 of the Criminal Procedure Act is a clerical error of “victim’s Korean bank,” the Defendant’s appeal is correct ex officio in accordance with Article 25 of the Regulations on Criminal Procedure.