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(영문) 대구지방법원 2016.12.16 2016노1602
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below against the Defendants (one year of imprisonment and two years of probation, two years of community service order, two years of imprisonment and two years of probation, eight years of probation, eight years of community service order, 80 hours of community service order, and defendant E: fine 12 million won) are too unreasonable.

2. The Defendants recognized all the facts charged of this case and were in profoundly against their mistake; the Defendants deposited KRW 100 million for the victims of Daegu Northern District Small and Medium Enterprise Administration; the Korea Industry-Academic Federation and Daegu Metropolitan City returned approximately KRW 70 million; Defendant A and B did not have criminal records exceeding the same kind or fine; on the other hand, even though the crime of this case was acknowledged, the Defendants acquired large amount of subsidies exceeding KRW 190 million by falsely claiming labor costs or costs over 25 times in total, and received subsidies exceeding KRW 120 million. Defendant A received subsidies from five researchers registered falsely for the crime of this case from KRW 5,000,000, and Defendant A received the passbook, which is the means of access. In light of the law, number of times, and amount of damages; there is no special change of circumstances to change the punishment following the sentence of the lower court; Defendant A and Defendant A did not have any reason to view the Defendants’ age, character, and conduct, and circumstances after the crime of this case.

3. In conclusion, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, the “Article 49(4)1 of the Electronic Financial Transactions Act” in Article 9-16 and Article 17 of the Enforcement Decree of the lower judgment is “each Electronic Financial Transactions Act”.

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