사기
The judgment of the court below is reversed.
The sentence against the accused shall be 2,00,000 won.
Defendant. A fine.
1. The gist of the grounds for appeal was that the Defendant established a cooperative D and proceeded with the process of receiving subsidies from the Promotion Foundation, an expert E, with the help of the actual cooperative D, and the Defendant sought to pay the funds borrowed from the victim with the money in trust of the expert’s horses.
Although the Defendant did not deception the victim, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty of the instant charges.
2. Determination:
A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to the records, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court on September 3, 2014, and the judgment became final and conclusive on September 12, 2014.
The crime of the judgment of the court below against the defendant and the crime of fraud for which judgment has become final and conclusive shall be sentenced to punishment for the crime of the judgment of the court below in consideration of the equality in the case where the judgment is to be rendered simultaneously in accordance with Article 39 (1) of the Criminal Act in relation to concurrent crimes after
Therefore, the judgment of the court below cannot be maintained as it is.
B. Comprehensively taking account of the evidence duly admitted by misunderstanding of facts or misunderstanding of legal principles, the following facts can be acknowledged.
When the Defendant established a cooperative D and applied for financial support from the Promotion Foundation, the Defendant would immediately return the subsidy to the victim C, if he or she had already been selected in the Government Cooperative Support Project and should have paid 30% of his or her own contributions.
was stated.
E, as a G belonging to the Small and Medium Enterprises Promotion Foundation, has provided the defendant who applied for a cooperative support project with advice to select him/her in the support project.
E At the time, the defendant established a cooperative D and applied for the cooperative support project, but if at least five persons are gathered, the Small and Medium Business Administration shall support KRW 100 million.