(영문) 광주지방법원 2016.01.07 2015노1435 | 리걸엔진

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자간(%)

(영문) 광주지방법원 2016.01.07 2015노1435

사기등

Text

The judgment of the court below is reversed.

Defendant

Punishment A for a period of 10 months, and a fine of 20,000 for Defendant B.

Reasons

1. The decision of the court below (the defendant A: 10 months of imprisonment, the defendant B's imprisonment, the 8 months of suspended execution, the 2 years of community service order and the 120 hours of community service order) is too unreasonable.

2. The crime of this case is committed by deceiving the victim by deceiving the victim as if the Defendants were to bear the self-paid charges by false documents, and is not good in light of the method of crime and the amount of damage. Such crime is an unfavorable circumstance where there is a need for strict punishment because it prevents other enterprisers from receiving subsidies that need support by impairing the soundness of the subsidy business and eventually causes damage to the people by causing the poor financial standing of the State.

However, for the victim, Defendant A deposits a total of KRW 150 million (the court below 70 million in the appellate court 80 million in the appellate court), Defendant B deposits each of the 30 million won to recover considerable damage, Defendant A operates the Kim processing plant up to the present day, and is able to repay the total amount of damage in the future. Defendant B does not seem to have led the crime of this case. Defendant B deposited the acquired profit as above; Defendants did not have the record of punishment for the same kind of crime; Defendants did not have the record of punishment; Defendants want to take the preference against the Defendants; Defendant’s age, sex, environment, background and result of the crime of this case; and all the sentencing conditions in this case, such as the punishment conditions after the crime of this case, are somewhat unreasonable, and the above Defendants’ assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is all with merit, and the following decision is rendered again after pleading.

Criminal facts

Criminal facts and the summary of evidence recognized by the court.

유사 판례

-광주지방법원 2015.03.19 2014노3278

-수원지방법원 2015.04.01 2014노3024 (1)

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-광주지방법원 2014.07.30 2014노937

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