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The judgment of the court below is reversed.
Defendant
B The defendant A shall be punished by a fine of KRW 1.5 million, and the defendant A shall be punished by a fine of KRW 1 million.
Reasons
1. Summary of grounds for appeal;
A. Property benefits acquired by the Defendants by mistake of facts or misunderstanding of legal principles are subsidies for the amount obtained by deducting the actual amount with limited liability from the credit card settlement amount, and is less than the amount indicated in the facts charged.
B. The judgment of the court below on the Defendants’ unfair sentencing (the Defendant B’s fine of KRW 2 million, Defendant A’s fine of KRW 1.5 million) is too unreasonable.
2. Determination
A. In the case of fraud involving deception of the judgment of mistake of facts or misapprehension of legal principles, if there is a delivery of the money due to deception, the crime of fraud is established by itself as an infringement on the victim’s property, and a reasonable price has been paid.
shall not cause any damage to the entire property of the victim.
Even if the crime of fraud does not affect the establishment of the crime of fraud, even if some of the proceeds are paid, the amount obtained by the fraud is not the difference between the amount given from the victim and the amount obtained by deducting the proceeds.
(2) The Defendants received subsidies for the total amount of unrefined amounts after paying credit cards by unfinding the principal amount of the limited liability (see, e.g., Supreme Court Decision 2006Do7470, Jan. 25, 2007). The Defendants received subsidies for the total amount of unfined amounts after paying credit cards. Even if the amount of the subsidies actually acquired by the Defendants was deducted from the subsidies actually paid on the basis of the credit card settlement amount, according to the above legal principles, the amount acquired by the Defendants in the instant fraud shall be deemed to be all the subsidies granted from the victims. Therefore, the amount acquired by the lower
However, since the economic benefits the defendants actually acquired through the crime of this case can be said to be the amount obtained by deducting the subsidies equivalent to the actual amount of the subsidies that the defendants received, the sentence shall be taken into consideration as the sentencing data as mentioned above.