beta
(영문) 부산지방법원 2015.07.10 2014노795 (1)

사기등

Text

Of the judgment of the court of first instance, the part against Defendant A, and the part against Defendant A, Y, X among the judgment of the court of second instance.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the judgment of the court below in the defendant A, Y, X X (two years of probation in one year of imprisonment, one year of community service, one hundred and twenty hours of imprisonment, two years of probation in August, one year of community service, one hundred and twenty hours of imprisonment, two years of probation in one year of imprisonment, two years of probation in one year of imprisonment, and one hundred and twenty hours of community service) is too unreasonable.

B. Prosecutor 1) In the event that a kindergarten is operated under another person’s name and a kindergarten is subsidized by the State for expenses incurred in operating a kindergarten such as personnel expenses (see Article 26 of the Early Childhood Education Act), a crime of fraud is established in relation to subsidies. In the same way, the State’s basic childcare fees, environmental improvement expenses, and the crime of fraud and the Infant Care Act is established in the event that subsidies are granted by the State in the operation of a child care center, but there is an error of misunderstanding of facts by misapprehending the legal principles.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, each of the crimes of Defendant A in the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act. Since the court of first instance together tried each of the cases of the judgment below and then selected the same type of punishment for each crime, it is necessary to render a single sentence for Defendant A in accordance with Article 38(1) of the Criminal Act. In this regard, the part on each of the judgment of the court of first instance and the judgment of the court of second instance as to each of the Defendant A

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of legal principles is still subject to the judgment of this court.

B. The determination of the misapprehension of the legal principle is to acquire subsidies under the Early Childhood Education Act.