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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
, however, the defendant.
Reasons
1. The gist of the appeal is heavier than the original sentence.
2. Determination
A. After Defendant A appealed, he deposited approximately KRW 61 million and deposited the total amount of damage.
Considering these circumstances, it is necessary to sentencing again.
B. In full view of the circumstances revealed by the lower court in the grounds for sentencing and the conditions of sentencing indicated in the record, it is not recognized that the sentencing is inappropriate due to the following reasons.
3. The part of the judgment below against Defendant A among the judgment below is reversed, and it is again decided as follows after pleading.
Defendant
C The appeal is dismissed.
【Judgment to Defendant A” is the same as the relevant column of the lower judgment on the facts constituting a crime and the summary of evidence.
Application of Statutes
1. Article 347(1) and Article 30 of the Criminal Act of the relevant Act on the criminal facts (the fact of fraud, but the deletion of Article 30 of the Criminal Act in the case of a single crime), Article 40 of the former Subsidy Management Act (Amended by Act No. 13931, Jan. 28, 2016); Article 30 of the Criminal Act (the fact that subsidies have been granted by false application or unlawful means; Provided, That in the case of a single crime, Article 30 of the Criminal Act shall be deleted);
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of each sentence of imprisonment;
4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.
5. Article 62 (1) of the Criminal Act on the suspension of execution;
6. Grounds for reversal of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and other circumstances revealed by the lower court’s full knowledge of sentencing and sentencing conditions as shown in the instant records and arguments shall be taken into account.