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Defendant
A All appeals against A and the Defendant B of the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) With respect to the fraud among the facts charged in the instant case of mistake of facts, since the Defendant additionally disbursed KRW 2,500,000 in cash at the installation cost of a village signboard sign, and the installation cost of a sign board was a total of KRW 7,000,000, the amount acquired by the Defendant under the name of the installation cost of the sign board (= KRW 9,581,000 - KRW 7,000 - KRW 7,081,000) is that of the amount acquired by the Defendant under the name of the installation cost of the sign board. 2) The sentence of the lower court’s unreasonable sentencing (one million won of fine)
B. The Prosecutor (in respect of Defendant B, unreasonable sentencing)’s sentence against Defendant B (the suspended sentence of a fine of one million won) by the lower court is too uneasible and unreasonable.
2. Determination
A. Although Defendant A also asserted the same purport in the lower court’s judgment as to Defendant A’s assertion of misunderstanding of facts, the lower court found Defendant A guilty of all the facts charged of this case with respect to Defendant A by comprehensively taking account of the evidence duly adopted and investigated, and rejected the aforementioned assertion on Defendant A’s assertion on grounds of detailed reasons in Article 1 of the “Determination on the Defendant and Defense Counsel
Examining the above fact-finding and judgment of the court below in comparison with the records, the court below's judgment that found Defendant A guilty of all the charges of this case against Defendant A is just and sufficiently acceptable, and there is no error of law of misunderstanding of facts affecting the conclusion of the judgment, and therefore, Defendant A's above assertion is without merit.
B. The acquisition of subsidies, such as Defendant A’s allegation of unfair sentencing, is likely to cause the insolvency of subsidies from the State or local governments, as well as bring about the budgetary loss of the State and local governments. As such, the possibility and harm of social criticism is serious, it is necessary to impose strict punishment, and the amount of fraud caused by the instant crime is not much significant, and other motive and background leading up to the instant crime, and after the instant crime.