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(영문) 광주지방법원 2013.10.18 2013노1148
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and six months of imprisonment, three years of suspended execution, three years of community service work, 120 hours of imprisonment) is too unreasonable when considering various circumstances against the accused in light of the gist of the grounds for appeal.

2. The judgment is a favorable situation where the Defendant led to the confession and reflect of the instant crime, the Defendant did not have any specific penal power except for those sentenced once to a fine, the Defendant returned the sum of KRW 8,1310,000,00 to each project team around October 2012, which was after the investigation was initiated, and the Defendant has endeavored to expand social welfare services and improve the community’s welfare.

In addition, the Defendant asserts that a person entitled to use social welfare services was forced to pay his/her own contributions by means of the instant crime because of economic difficulties to the extent that he/she is unable to pay his/her own contributions, and the Ministry of Health and Welfare urged to reduce government subsidies in cases where the collection of his/her own contributions is low, thereby raising funds in the same way as the instant crime. Considering the fact that the Defendant used the amount of KRW 100 million out of the funds actually raised through the instant crime, the Defendant did not have any circumstances to consider the motive and background of the relevant crime.

However, the crime of this case is not likely to be committed in a systematic and planned manner for more than three years at the defendant's initiative, such as where the defendant charged the head of each project team under the Korea University Industry-Academic Cooperation Foundation and the project team under the Korea University Industry-Academic Cooperation Foundation, and he charged the defendant with the duty to cooperate with the project team. From September 18, 2009 to February 22, 2012, the aforementioned industry-academic cooperation foundation filed a false claim for the cost of production, goods transaction, personnel expenses, etc. of the project team's website, or a false claim for the payment of the difference compared to the normal amount, and obtained the difference by fraud.

Such crimes are state.

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