사기등
The judgment below
The part against the Defendants is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for two months.
1. The summary of the reasons for appeal is that the respective punishment of the court below (the defendant A: the imprisonment of 8 months and the imprisonment of 10 months) is too unreasonable.
2. The crime of this case was committed by the Defendants in collusion with others and received early childhood education expenses, etc. by falsely reporting as if the original students of a private teaching institute, who did not meet the qualification requirements for receiving early childhood education subsidies, etc., as if they were the original students of a private teaching institute that was qualified for receiving early childhood education subsidies, etc. The crime of fraud of subsidies was committed by making it difficult for the financial situation of the State and local governments, thereby preventing the original students of a private teaching institute that actually satisfies the qualification requirements, thereby causing damage to all citizens, and the total amount of subsidies obtained by the Defendants exceeds 300 million won
However, in light of the fact that the defendants' time to commit the crime of this case and the defendant's mistake is divided through confinement life exceeding one month, the defendant A has no record of being sentenced to a fine and there is no record of criminal punishment, the defendants used most of the money acquired by the defendant for the original generation, and in particular, the defendants repaid the total amount of the money acquired by the victim to the Busan District Office of Education, Gyeonggi-do, which was the victim, and other various sentencing conditions as well as the records and arguments, such as the age and criminal environment of the defendants and the circumstances before and after the crime, it is deemed that the punishment imposed by the court below is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions concerning facts constituting an offense;