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All the judgment below is reversed.
Defendant
A Imprisonment with prison labor for ten months and for one year, respectively.
except that this shall not apply.
Reasons
1. The summary of the grounds for appeal (based on fact-finding) is that the Defendants were granted subsidies by deception and fraudulent means, even though the Defendants paid only KRW 130 million to F, as if they were paid to the public officials in charge of Kimcheon-si around January 2013, 2013, with the relevant documents attached thereto, and thus, the Defendants received subsidies by deception and fraudulent means.
The judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
2. Determination
A. In the case of an ex officio judgment, the prosecutor applied for the amendment of a bill of amendment to the indictment with the content of the facts charged as stated in the following. Since this court permitted it, the judgment of the court below was no longer maintained, since the subject of the judgment was changed by this court.
However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of the modified facts, notwithstanding the above reasons for ex officio destruction, and this is examined below.
B. In the case of the exercise of a right as a means of deception on the prosecutor’s assertion of mistake, if the act belonging to the exercise of the right and the act of deception belonging to the said means are comprehensively observed, and such deception cannot be acceptable as a means of exercise of rights under social norms, the act belonging to the exercise of rights
(see, e.g., Supreme Court Decisions 2002Do6410, Jun. 13, 2003; 2007Do1780, May 10, 2007). Comprehensively taking account of the evidence duly adopted and examined by the lower court, the following facts are recognized.
① Defendant A, a representative of F, submitted an application in 2012 G at Kimcheon-si on March 8, 201, and received the following decision to grant subsidies from Kimcheon-si on March 8, 2012.
New construction of 219,200 54,800 274,00 270 mushrooms 128,000 32,000 160 f2,000 f32,000 f160.