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(영문) 광주고등법원 (전주) 2017.12.19 2017노113
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The part against the Defendants is reversed in entirety.

Defendant

G and I shall be sentenced to one year and six months of imprisonment, respectively.

Reasons

1. Each sentence of the lower court (one year and one year and one year, and one year and one year) against the Defendants in summary of the grounds for appeal is too unreasonable.

2. The judgment of Defendant G’s crime is that Defendant G, the representative director of the AD agricultural partnership selected as a subsidized business operator for supporting the farming household, in collusion with H and construction business operators, who are employees of AD agricultural partnership, received approximately KRW 600 million of the subsidies from BL military, and received approximately KRW 300 million of the State subsidies by fraud or other improper means.

Defendant

The I's crime is that Defendant I, who was selected as a subsidized business operator to support the farm, obtained approximately KRW 700 million of the subsidy from BL group in collusion with the construction business operator, and received approximately KRW 300 million of the national subsidy by fraud or other improper means.

Defendant

The crime of A is that Defendant A, who was selected as a subsidized business operator to support the farm, obtains approximately KRW 500 million of the subsidy from the BL group in collusion with the construction business operator and received approximately KRW 200 million of the national subsidy by fraud or other improper means.

Since the Defendants’ crime was committed continuously and repeatedly for a long time and the amount of damage is high, it is not good to commit a crime and commit a crime, and the fact that such crime is likely to cause insolvency of a subsidized project, which is conducted by the budget of the State or a local government, constitutes an unfavorable condition to the Defendants.

However, for the recovery of damage, Defendant G deposited KRW 35 million in the original court, and KRW 121 million in the appellate court. Defendant A deposited KRW 90 million in the original court, and KRW 210 million in the appellate court. Defendant A deposited KRW 110 million in the appellate court, and Defendant A deposited KRW 10 million in the original court.

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