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(영문) 광주지방법원 2015.08.11 2014노2668

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and February of one year and a fine of 300,000 won.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (one year and two months of imprisonment, and a fine of three hundred thousand won) is too unreasonable.

Judgment

In full view of the fact that the defendant set up a collateral security for the victim Jinjin-gun in the lower court and returned 200 million won out of the amount acquired through deception to Jinjin-gun in the first instance, the sentence of the lower court is deemed unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence acknowledged by this court are as follows: the facts charged and the summary of the evidence thereof are as follows; the facts charged No. 20 "from the victim's Gangwon-gun and the Republic of Korea"; and the 3th "victim" are as "the victim's Gangwon-gun and the Republic of Korea"; and the 3th "victims" are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3

Application of Statutes

1. Article 347(1) of the Criminal Code of the corresponding law for criminal facts (the point of fraud), Article 40 of the Subsidy Management Act (the point of the illegal receipt of subsidies listed in the [Attachment Table No. 11], Article 40 of the former Budget and Management of Subsidies Act (amended by Act No. 10898, Jul. 25, 201) (the point of receipt of subsidies listed in the [Attachment Table No. 4, 6, or 10], Article 111 subparag. 1, and Article 20(2) of the former Building Act (amended by Act No. 9384, Jan. 30, 2009)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment for each crime of fraud;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the defendant);

1. Detention at a workhouse;