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(영문) 대전지방법원 2018.02.20 2017노1557
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to each evidence of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), it is recognized that the source of KRW 10 million deposited in the Defendant’s agricultural head of the NAC on July 19, 2012 is D. The Defendant, despite having borne KRW 10 million from the Defendant’s agricultural head of the NAC on July 19, 2012, acquired money as a subsidy from the victim cognizing the total amount of the project cost, and received money from the victim cognizing the fact that the Defendant was aware

It is reasonable to view it.

Although the court below found the defendant not guilty, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The lower court’s judgment is that D is a construction work that is difficult to keep the Defendant at the lower court’s court’s court where “In the case of the Defendant, it is not well memory, but it is difficult for D to reduce its own charges.

“The statement to the effect that the Defendant was consistently holding the loan.”

The defendant himself/herself bears all his/her own contributions, with the amount of KRW 23 million, KRW 4 million borrowed from L, and the amount in custody.

The statement "," and L loaned 4 million won to the defendant on July 19, 2012 in the court of original instance.

In light of the fact that during the period from July 19, 2012 to July 15:37 to 15:40, 2012, the Plaintiff deposited KRW 4,000,000,000 in cash at the point of Sungdong Agricultural Co., Ltd., which was located within a distance of 15:51 on the same day from the point of Dongdong Agricultural Co., Ltd to the agricultural bank account under the name of Defendant 15:51, and the Defendant received KRW 5,00,000 from July 16, 2012, the Defendant’s assertion and the witness’s statement were supported by the Defendant’s statement and the lower court’s witness’s statement, the evidence submitted by the prosecutor alone was insufficient to the effect that D bears the burden of KRW 1,00,000,000 among the Defendant’s charges.

There is no reasonable doubt.

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