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(영문) 광주고등법원 2014.12.04 2014노292

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor of the mistake of facts, it is improper to hold the defendant not guilty even though he did not execute the self-payment according to the decision of subsidy, but could recognize the fact that he could have fraudulently obtained the local distribution center building support project subsidy by deceiving as the execution.

The sentence of unfair sentencing (three years of imprisonment, four years of suspended execution) of the lower court is too uneasible and unfair.

Defendant

Co-defendant B applied for a loan under the name of the project fund for stabilizing the supply of and demand for collection to the Nonghyup Branch of the Nonghyup Bank solely with a false collection contract, and even if the defendant did not have conspired, the defendant applied for a loan under the status of entering into a contract for collection of collection with another farmer. Thus, the court below erred by misapprehending the fact, inasmuch as the defendant applied for a loan under the status of entering into a contract for collection of collection with another farmer.

The Defendant was merely using part of the above funds as the fund for the construction of an agricultural product processing plant in the course of the business of promoting local distribution by taking out loans under the name of the fund for the project of promoting local distribution and in fact, the lower court erred by misapprehending the fact.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

The main point of this part of the charges of mistake of facts in the prosecutor's argument was that the victim Ynam-gun supported the agricultural partnership corporation, etc. as a business target and supported the large-scale modernization of distribution facilities in accordance with the characteristics of each major producing area to support the establishment of the local agricultural product distribution center to foster it as a hub of production and distribution integration

The Defendant, around February 3, 2008, submitted a “business plan for the establishment of the Local Agricultural Products Distribution Center in 2009” to the Nam-gun on February 3, 2009, thereby adding to K around February 3, 2009 the self-charge of KRW 4.5 million, subsidies of KRW 823.5 million, subsidies of KRW 540 million, military subsidies of KRW 283.5 million, military subsidies of KRW 200,000,000,000 won, and thereafter securing Do expenses.