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(영문) 광주지방법원 2016.04.20 2015노2394
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. A favorable circumstance is that the defendant recognized his mistake and reflected his mistake, and that the defendant does not have any previous conviction.

On the other hand, the court below seems to have determined punishment in consideration of such favorable circumstances, and there are no circumstances or changes in circumstances that may be newly considered in sentencing after the decision of the court below, and the crime of this case is not good to be committed by actively taking advantage of deceptive act, such as claiming subsidies by creating false documents along with B. In particular, the crime of acquiring subsidies, such as this case, is likely to undermine the soundness of subsidy business and ultimately cause damage to the entire public by making the public finance poor.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. As such, the Defendant’s allegation is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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