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(영문) 광주고등법원 (전주) 2017.05.30 2016노241
특정경제범죄가중처벌등에관한법률위반(사기)등
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Ex officio determination ex officio, the Prosecutor acquired 835,773,220 won in total as subsidies through 16 times in total, such as “including (1) Nos. 52-67 of the indictments,” and received a total of 357,457,00 won in a false and unjust manner, as stated in the attached Table Nos. 2(1) through 18 of the indictments at an appellate court.

“Before acquiring the total amount of KRW 824,49,220 as a subsidy through 15 times in total, such as “including (1) No. 52-53,55-67 annually,” and received KRW 351,820,000 in total of the State subsidies by false and unlawful means.

The judgment of the court below was modified by changing the bill of indictment to "824,49,220 (351,820,000)" and changing the bill of indictment to "824,49,220 (351,820,000)" in the sum "835,773,220 (357,457,000)" as stated in the list of crimes attached to the indictment, to delete 54 net times and to change the bill of indictment to "835,73,220 (351,820,000).

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment below is reversed, and it is again decided as follows through pleading.

[Grounds for a new judgment] Criminal facts and the summary of the evidence recognized by the court and the summary of the evidence are as follows: (a) the sum of 835,773,220 won as subsidies for a total of 16 times, such as 52-67 pages 7 through 10 of the judgment of the court below, such as “including the case No. 52-67 pages 4, 757,00 won,” and received a total of 357,457,000 won as subsidies by fraudulent and illegal means.

“,” in addition, the total of 15 times, such as “(1) No. 52-53, 55-67, i.e., the daily list of offenses committed.

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