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(영문) 부산고등법원 2017.12.07 2017노530
사기미수등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a year and six months of imprisonment, a suspended sentence of three years, a collection of 50 million won, a community service order of 240 hours, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the court below and the trial of the court of original instance [each of the crimes of this case committed by the defendant] various circumstances unfavorable to the defendant during the trial of the court below [the crime of this case committed by G and J in collusion with the victim Busan Metropolitan City as stated in the criminal facts in the judgment of the court below is attempted to acquire 157 million won of subsidies for promoting local investment by deceiving the victim Busan Metropolitan City, and in the process, the defendant received 50 million won of subsidies for promoting local investment from G under the pretext of soliciting public officials, and the crime is not less and less than the quality of the crime in light of the course of the crime, contents, means, and methods, and results, and the scale of profits acquired, etc., and the defendant committed the crime of this case at the Changwon District Court on February 6, 2014 (the summary of the crime is that the defendant abused or embezzled the subsidies received by the State, and even if the criminal facts committed the crime of this case, each of the crimes of this case is more favorable to each of the defendant].

The defendant stated that he did not go to the specific route or solicitation against the public official.

In light of the overall sentencing conditions, including the fact that there is no apparent circumstance to view, and that the Defendant returned to G the full amount of KRW 50 million received in the name of a solicitation (such as KRW 5 million in the original instance, KRW 45 million after the conclusion of the trial at the original instance, KRW 45 million after the conclusion of the trial at the present instance), G does not want punishment against the Defendant, etc., the sentence imposed by the lower court is too excessive.

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