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(영문) 춘천지방법원 2018.11.09 2018노98
사기등
Text

All appeals filed by prosecutors and Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendants’ fraud among the crimes which were not committed by mistake of facts and misapprehension of legal principles, the lower court: “In collusion by the Defendants on the part of the Defendants concerning the AL creation project (hereinafter “instant project”) in 2014, by deceiving the public officials belonging to the victim restraint group by deceiving the public officials belonging to the victim restraint group (hereinafter “instant subsidy”); and “the Defendants’ act does not constitute deception; it is difficult to view that the Defendants’ act constitutes deception; and there was a criminal intent to obtain subsidies from the Defendants.

It also judged that there was a lack of view.

However, in light of the fact that Defendant A could not have the ability to bear the self-paid charges, and that the above Defendant received subsidies by creating a false statement of payment details as if the Defendant directly borne the self-paid charges, the Defendants’ act is not justified solely on the ground that there was no ground provision on the verification of the actual payment of the self-paid charges at the time of September 2014. Thus, Defendants’ act constitutes deception of fraud.

B) Of the acquitted portion, Defendant H and I’s false official document preparation, false official document display, and breach of trust, even if the charges were not fully paid, Defendant H and I’s act constitutes the act of the above Defendants, as long as Defendant H and I’s act was conducted by preparing and using a false report on the results of the completion and settlement inspection of subsidized projects ( Q1st) and “the confirmation of subsidies” (hereinafter “the confirmation of subsidies of this case”) stating that Defendant H and I was actually paid. As long as the subsidies of this case were to be paid to A, the act of the above Defendants constitutes the act of preparing false official document, exercising false official document, and breach of trust.

2) The sentence of the lower court (as to Defendant A, B, and G), which is unfair in sentencing (as to Defendant A: one year of imprisonment, two years of suspended sentence, and two years of suspended sentence, Defendant B: as to the crime, KRW 5 million of fine as to the crime, KRW 2.5 million of fine as to the crime, KRW 3 of the judgment, and KRW 2.5 million of fine as to the Defendant G.

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