(영문) 부산지방법원 2015.04.16 2014노4687 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2015.04.16 2014노4687

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.

2. The grounds for appeal include the following: (a) the Defendant’s act of the instant case where a subsidized business operator did not bear all or part of a mandatory amount of subsidy but the Defendant unlawfully received a considerable amount of subsidy by preparing false supporting documents; (b) the State’s reasonable management of the subsidy budget created and operated by the State is impeded; and (c) the provision of subsidies is prevented from being properly subsidized; and (d) the reasons for sentencing unfavorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant had no history of punishment similar to the instant crime; (b) all of the instant crimes are recognized; (c) considerable part of the security deposit that the Defendant unlawfully received was recovered; and (d) the Defendant’s age, motive and background of the instant crime, means and consequence; and (c) the conditions for sentencing specified in the instant records and arguments, such as the circumstances after the instant crime, are somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as those stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act (including fraudulent points and areas), Article 40 of the Subsidy Management Act (including the points and areas that received subsidies in an unlawful manner), Article 30 of the Criminal Act for criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for more severe fraud);

1. Selection of the penalty:

참조조문

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