(영문) 대구지방법원 2015.01.16 2014노544 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.01.16 2014노544

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 120 hours of community service order) declared by the court below is too unreasonable.

2. The crime of this case is a so-called subsidy fraud crime, which leads to the aggravation of the finance of the local government concerned and ultimately increasing the tax burden of the citizens as well as social harm, and to form the appearance of the defendant's own contributions, there are unfavorable circumstances, such as the fact that the public official in charge was actively urged by means of withdrawing the actual financial transaction details different from the fact after remitting money to the passbook under the name of the co-defendants of the court below, but the crime of this case is not easy. However, the defendant all of the crime of this case is the first offender who has no record of criminal punishment prior to the crime of this case, the fact that the defendant actually led to the confession of all of the crime of this case, and uses the low temperature storage and new construction of the subsidized business. The economic benefit acquired by the crime of this case is expected to be significant. Co-defendant C, D, and A paid all the contributions corresponding to the person under the assistance project of this case to the court below, which appears to have been more favorable in terms of the circumstances, motive and circumstances of the crime of this case, and its age, etc.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the summary of the evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

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