(영문) 인천지방법원 2013.11.22 2013노526 | 리걸엔진

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(영문) 인천지방법원 2013.11.22 2013노526

사기등

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not speak to the effect that “AV may receive a subsidy even if purchasing 2.5 tons of a vehicle,” and the Defendant merely stated that the Defendant should confirm to the BF, a substantial representative of the BE in the dispute resolution committee, whether a subsidy can be paid even if purchasing 2.5 tons of a vehicle.

In addition, on December 31, 2010, the defendant retired from the KOBE and thereafter did not participate in each of the crimes in this case, and on March 30, 201, the defendant did not falsely prepare and submit a request for confirmation of completion of the investment of subsidy support facilities to the KOFA on or after March 30, 201.

Therefore, the defendant cannot be deemed to have obtained the subsidy in collusion with K, etc., and the defendant did not have the intention to obtain the subsidy.

Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s punishment (a fine of three million won) against the Defendant is too unreasonable.

2. Determination

A. In relation to each of the facts charged in the instant case, the ex officio determination prosecutor filed an application for permission to amend an amendment to Bill of Indictment, such as: “AX,” the subject of the submission and submission of the above “application for confirmation of completion of investment in assistive Equipment” as stated in the judgment below, and the date and time of submission to the “AX, etc.” as the subject of the submission and submission of the above “application for confirmation of completion of investment in assistive Equipment” was changed to “AX, etc.,” and as such, this court permitted this, the lower judgment is no longer maintained.

However, the defendant's assertion of mistake still exists in the court, despite the above reasons for reversal of authority.

유사 판례

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