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(영문) 대구지방법원 2015.06.26 2014노2963
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. The judgment of the court below is a favorable condition that the defendant led to the confession of the crime of this case and reflects the mistake while making a confession of the crime of this case, there is no record of criminal punishment exceeding the previous or fine, and all the subsidies obtained by deceit on April 15, 2014, which was after the detection of the crime of this case to the victim Gu-Si. However, the crime of this case is likely to cause the insolvency of the subsidies of the State or local governments, and the possibility and harm of social criticism are serious in that the crime of this case is likely to bring about the loss of the State and local governments in the budget for the individual's pursuit of profit, and thus, the crime of this case requires strict punishment. The subsidies obtained by the defendant is not much than KRW 50 million,000,000,000,000, the equity in sentencing with the punishment with the same or similar case, the defendant's age, character and behavior, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, according to Article 25 (1) of the Regulation on Criminal Procedure, "1." The deletion of "Article 62-2 (1) of the Social Service Order Act and Article 59 of the Act on Probation, etc." shall be corrected ex officio.

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