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(영문) 춘천지방법원 강릉지원 2014.07.29 2014노248
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (i.e., mistake of facts or misapprehension of legal principles) is not specified in the facts charged in this case.

Even if acquired money was specified as the full amount of the subsidy received.

Even if the damage suffered by the third party who is the victim is the remainder after deducting the subsidy that should have been paid normally from the subsidies actually paid, the defrauded shall also be corrected as the actual amount of damage.

Dob. The sentence of the lower court on the grounds of unreasonable sentencing (fine 10 million won) is too unreasonable.

B. The lower court’s sentence (e.g., e., e., e., e., e., t

2. Determination

A. (i) The summary of the facts charged in this case’s charge is that the Defendant, who submitted a false document, such as a statement of subsidy settlement, has obtained a remittance of KRW 328,645,00 for the purpose of subsidy from the third party who is the victim, and acquired it by mistake of facts or misapprehension of the legal principles, and there is no illegality such as an unspecified amount of damage to

If the defendant did not submit false documents, such as a statement on the settlement of subsidies, which is the actual self-payment and the construction cost, to the third party who is the victim, the above subsidy was not paid in full. As long as the defendant received the above subsidy by deceiving the actual self-payment and the construction cost, the amount of damage shall be deemed to be the whole of the paid subsidy.

Although the representative meeting of the apartment building of this case returned approximately KRW 16 million upon the decision to recover some of the subsidies from the victim third party, it is nothing more than an circumstance after the crime of this case.

(A) In order to reduce the additional economic burden of the occupants of the apartment of this case after the date of this case, it seems that a considerable portion of the amount to be actually imposed has been reduced and imposed.

The defendant on the argument of unfair sentencing is guilty.

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