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(영문) 춘천지방법원 강릉지원 2017.04.27 2016노591
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles, and improper sentencing)

A. I actually performed driving duties, etc. in D.

Therefore, the defendant received the subsidy for personnel expenses for I by false application or fraudulent means, or acquired the subsidy composed of national expenses, Do expenses, and military expenses by fraud.

shall not be deemed to exist.

B. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the lower court: (a) notified the head of Gosung (Seoul) around December 2014 to be a participatory employee of the D Environment Improvement Project Corps; (b) submitted I’s work as a document attached to I’s work site during the period from December 2014 to June 2015; (c) the said part of I’s work site is eight hours per day for the said work site; (d) six days for paid leave; (e) six days for paid leave; (e) six days for paid leave; (g) six days for paid leave; (v) six days for paid leave; (v) six days for paid leave; (v) six days for paid leave; and (v) the number of days for paid leave from February 16, 2015 to June 2015; and (v) the number of days for paid work days during paid leave; and (v) the number of days for paid work days during paid leave from 20 days to 20 days; and

B) Meanwhile, according to each of the circumstances described in (i) through (v) the evidence duly admitted and investigated by the court below, I is sufficiently recognized that it was not actually working in D.

(1) There are many parts that are not inconsistent with the daily work report prepared by the defendant and T, and there is also a clear portion that it is false in terms of commuting division and work place.

㈎ 출퇴근 부와 업무 일지는 본래 근로자...

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