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(영문) 광주고등법원 (전주) 2014.04.29 2013노277

주민등록법위반등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (unfair punishment) is too unreasonable because the defendant (two years of imprisonment) is too unreasonable.

B. As to the fraud among the facts charged in this case, the court below found the defendant guilty on the ground that there was no problem that the defendant received the subsidy under the name other than the defendant himself/herself in the process of receiving the subsidy for export logistics expenses from Go Chang-gun, but even if the defendant exported a charge under his/her own name and applied for the subsidy for his/her own export logistics expenses, the defendant did not have a causal relationship between the defendant's deception and the payment of the export logistics expenses by Go Chang-gun. However, if the defendant applied for the subsidy under his/her own name, it cannot be concluded that the defendant was paid the full amount of the subsidy. Furthermore, since it is obvious that Go Chang-gun would not have paid the subsidy if he/she had known of such circumstances, the causal relationship between the defendant's deception and the payment of the subsidy by Go Chang-gun was recognized. However, the court below erred by misapprehending the fact that the causal relationship was not recognized on the grounds mentioned above, which affected the conclusion of the judgment.

2. Determination:

A. As to the prosecutor’s assertion of mistake of facts - The summary of this part of the facts charged is as follows: the Defendant did not form a self-defense team on December 27, 2007 (as a result, the self-defense team did not establish the KF association solely on September 11, 2008.

F, S, AC, U, H, and I as a member of the JF group, although they were never having exported to the Republic of Korea in Canada, the United States, Germany, etc. as a member of the JF group, F, etc.