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(영문) 제주지방법원 2017.09.14 2016노721

사기

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 10 million.

The above fine is imposed against the Defendants.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts or misapprehension of legal principles, the Defendants, the head of the social welfare office, or employees, may deliver children’s meal services and receive paid service charges, other than working hours. The Defendants’ entry in the column of the paid service provider in the business plan in the name of another person is not important matters in determining whether to pay business subsidies and the amount of payment. Thus, fraud does not constitute deception. Even if the aforementioned Defendants’ act constitutes deception, it is not acknowledged that the relationship between the Defendants’ act and the payment of paid service charges in Jeju Special Self-Governing Province, and that property damage was inflicted on Jeju Special Self-Governing Province.

It is also difficult to see it.

Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

2) The sentence of the lower court (six months of imprisonment, two years of suspended execution) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

At the trial of the party, the Prosecutor changed “ Jeju Viewing from Jeju Special Self-Governing Province” to “ Jeju Special Self-Governing Province, an administrative city in Jeju Special Self-Governing Province,” “ Jeju 7’s “ from Jeju Viewing from Jeju” as “ Jeju Special Self-Governing Province,” “ from Jeju Special Self-Governing Province” as “the head of Jeju Special Self-Governing Province,” “the head of Jeju from Jeju Special Self-Governing Province” as “the head of Jeju Special Self-Governing Province,” “the head of Jeju Special Self-Governing Province,” “the head of Jeju Special Self-Governing Province,” “the head of Jeju Do” as “the head of Jeju Special Self-Governing Province,” “the head of Jeju Special Self-Governing Province,” and “the head of Jeju Special Self-Governing Province” as “the head of Jeju Special Self-Governing Province,” “the head of Jeju Special Self-Governing Province,” “the head of this Court grants permission for modification of an Act.