(영문) 부산지방법원 2015.05.14 2015노611 | 리걸엔진

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(영문) 부산지방법원 2015.05.14 2015노611

사기등

Text

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. Although the requirements for receiving subsidies for extension of employment of elderly citizens do not meet the requirements for determining the grounds for appeal, the circumstance that the Defendant committed the instant crime in collusion with working workers of labor law firms, resulting in the occurrence of considerable amount of subsidies, such as undermining the proper management of the subsidy budget created and operated by the State, and preventing a person who is obliged to receive subsidies from being properly provided, is the reason for sentencing unfavorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant was the first offender and all of the instant crimes; (b) the Defendant returned KRW 15 million out of the subsidies illegally received by the Defendant; (c) the Defendant deposited the remainder of KRW 25,715,010 with the Republic of Korea as the principal offender; and (d) the motive, background, means and consequence of the instant crime; and (e) other circumstances that form the conditions for sentencing as indicated in the instant records and pleadings, such as the circumstances after the instant crime, etc., the sentence imposed by the lower court may be determined to be 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. Articles 347 (1) and 30 (Fraud) of the Criminal Act applicable to the facts constituting an offense, Article 40 of the Subsidy Management Act, and Article 30 of the Criminal Act (the fact that subsidies have been granted by illegal means);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade shall be added.

참조조문

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