사기
The defendant's appeal is dismissed.
1. In light of the fact that the defendant reflects the gist of the grounds for appeal and deposited considerable amount for the recovery of damage, etc., the punishment (ten months of imprisonment and two years of suspended execution) imposed by the court below against the defendant is too unreasonable.
2. A favorable circumstance is that the Defendant recognized the crime and seriously reflects the fact that the Defendant committed the crime in this case, the Defendant deposited the amount equivalent to the above amount, and the Defendant did not have any specific penalty power, in addition to two times of fines, etc.
However, the crime of this case is an unfavorable circumstance, such as the fact that the crime of this case is not bad in the quality of the crime by deceiving the subsidy from the State, the fact that the crime of this case is not good, and the amount of the fraud is considerable amount, and the defendant led the crime as the representative of the punishment team.
In full view of the above circumstances, such as the character, conduct, environment, etc. of the Defendant, the lower court appears to have taken into account most favorable circumstances, and there is no change in circumstances that would vary between the lower court and the sentence.
Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.
3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.