(영문) 창원지방법원 2018.10.04 2017노3630 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원 2018.10.04 2017노3630

사기등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

(2) the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (as to the order Nos. 1 and 3 of the lower judgment’s crime list), there is no special limitation on the method of raising self-paid charges in relation to the instant subsidy project, and thus, it is possible to substitute part of the self-paid charges for transferring agricultural machinery.

In addition, according to the relevant provisions, if some of the self-paid charges are paid in lieu of transfer of agricultural machinery, there is no obligation to notify the public official in charge of such payment.

When the Defendant purchased used agricultural machinery from G and J, the Defendant agreed to substitute the purchase price for part of the Defendant’s share in the instant agricultural machinery, which is a reasonable price, and thus, it is not discounted or unrefised as stated in the facts charged.

2) Improper sentencing

B. Prosecutor 1) Fact-misunderstanding (as to paragraph 5 of the crime list Nos. 5 of the judgment of the court below), N farming association is required to pay 63,407,00 won [the additional charges to be borne by changing 19,400,000 won (the 6140R type) to 63,407,00 won [the 17,407,000 won (the 6140-R type) was changed to the 6140-R] with its own charges. However, the defendant did not bear a self-charges in the amount of the agricultural machinery cost by discounting 17,407,00 won.

2) Improper sentencing

2. Determination

A. The lower court’s determination 1 on the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine, based on the following: (a) in light of the fact that it is necessary for the public officials in charge to examine whether the sale and purchase of each of the above agricultural machinery and the repayment of goods was made at a reasonable price, FF farming association should notify the public officials of the fact that some of the subsidies were to be paid in lieu of the transfer of the above agricultural machinery; and (b) by setting a higher price of the middle and high machinery, the price of the agricultural machinery related to the payment of subsidies was actually discounted.

유사 판례

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