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(영문) 대구지방법원 2014.09.25 2014노1176
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the 6 months of imprisonment, the 2 years of suspended execution, the 5 months of imprisonment and the 2 years of suspended execution) declared by the court below is too unreasonable.

2. The Defendants are the first offender, recognize the mistake of the instant crime, and repent in depth.

The crime of this case is that the defendants did not bear self-charges while purchasing a metropolitan pest control device by being responsible for the representative or general affairs of the regional metropolitan pest control group under the jurisdiction of the Defendants, and paid subsidies to the pest control device company in return for the payment of the subsidies. The defendants did not take personal benefits.

Defendant

A and B KRW 21 million, and Defendant C deposited KRW 18 million for the victim's sexual group.

However, the crime of this case is likely to be socially harmful because of the so-called subsidy fraud crime, the finance of the local government becomes worse and ultimately increases the tax burden of the people as well as its affiliated residents.

In order to form the appearance of the Defendants, the public officials in charge are actively deceiving the public officials in charge by means of writing different details of financial transactions from the facts, such as receiving cash from G and remitting money to the passbook under the name of the Defendants, and remitting money to the passbook of the I representative H, etc.

In addition, in full view of all the conditions of sentencing as shown in the records and arguments, such as the age, character and conduct, environment and family relationship of the Defendants, the sentence imposed by the court below cannot be deemed to be unfair because it is too inappropriate and too unreasonable.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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