beta
Text
The judgment below
The part of conviction against Defendant A and the part against Defendant C shall be reversed.
Defendant
A. Imprisonment.
Reasons
1. Summary of grounds for appeal;
A. Defendant A and C1 of mistake of facts (criminal facts of the first instance court 2014 high-class 513): (1) of criminal facts (criminal facts of the first instance court 2014 high-class 513): Defendant A was supplied for KRW 820 won per failure due to the former model of the M (Defendant C’s partner) which was permitted to produce seeds and seedlings through the brokerage of Defendant C, and thus, there was no deceiving the victims. (2) of criminal facts: Defendant A was aware of the purchase of the former model at a price of KRW 800 per month specified in the application, etc. for the grant of subsidies from the P which was permitted to produce seeds and seedlings through S. However, the fact was purchased at a price other than P and provided to Defendant A with the latter. Since this case was caused by deceiving Defendant A to the latter without knowing the aforementioned circumstances, Defendant A did not deceiving the victims. 2 of unfair sentencing sentencing (an imprisonment with prison labor for 1 year, 200 years, 20 years suspension of execution, 20 years, 30 years, etc.).
B. Prosecutor 1) Error of facts (not guilty part) Defendant A’s chairman does not constitute a fishery community where subsidies can be granted pursuant to the self-management fishery community promotion project. In addition, even though Defendant A’s pre-satisfying failure discharged by Defendant A was not produced by Defendant B (AJ fishery), the lower court’s judgment which acquitted Defendant A of this part of the facts charged is erroneous in misunderstanding of facts. 2) The lower court’s sentencing (or the Defendant A with respect to the sentencing of unfair sentencing) is so unreasonable.
2. Before the judgment of the court on the grounds for appeal by Defendant A ex officio, the prosecutor shall apply for changes in indictment with the purport that “Article 83 subparag. 1 and Article 23(1)1 of the Natural Parks Act” among the applicable provisions of the Act to “Article 82 subparag. 2 and Article 23(1)1 of the Natural Parks Act” is changed from the trial to “Article 82 subparag. 1 of the Natural Parks Act,” and this court shall do so.