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(영문) 부산지방법원 2013.10.24 2013노1626
사기
Text

The judgment of the court below is reversed.

The sentence of each sentence against the Defendants shall be suspended.

Reasons

1. The main point of the grounds for appeal is that each sentence of the lower court against the Defendants (two years of suspended sentence in October, and one year and two months of imprisonment in case of Defendant A and B) is too unreasonable.

2. The Defendants agreed with a long-term contract and used the funds as operating expenses of the G Committee by receiving excessive expenses for resident surveillance personnel from the Gangseo-gu Office by means of improper means to cover the regular resident surveillance personnel. The extent of the funds acquired by the Defendants is not small, and the fact that the crimes have been committed continuously for a long time is disadvantageous to the Defendants.

However, in full view of the witness J and S’s legal statement and records, since the size of the F reclaimed land is wide and its nature is frequent access of vehicles collecting wastes, it seems that there is a real limit to performing surveillance activities to properly cut off or prevent sources of pollution that are likely to occur in the process of mass reclamation and disposal of various kinds of waste, including food waste, in a timely manner and to smoothly and sufficiently conduct surveillance activities. In fact, until the G Committee’s members have carried out surveillance activities by the sequence until the time of the removal of food waste, and the members have carried out voluntary surveillance activities in the case of emergency, etc., it is too difficult to conclude that the Defendants’ activities have been unreshed without any base in a systematic and planned manner. However, even though the Defendants were paid excessive resident surveillance activities by unlawful means, the Defendants did not use them for personal or public activities such as financial operating expenses, etc. in the process of investigation and trial, and the Defendants did not use them for the purpose of investigation by the Committee.

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