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(영문) 부산고등법원 2017.07.13 2017노243
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, three years of suspended execution, etc.) is too uneased and unreasonable.

2. The judgment of the court below and the trial proceedings of the court below are various circumstances unfavorable to the defendant (each of the crimes of this case committed by the defendant) which were shown in the proceedings of the trial of the court below and the trial of the party (the crime of this case committed by the defendant is publicly recruited with B or independently by the defendant, and a subsidy exceeding KRW 1.2 billion is obtained by deceiving the military office of the victim captain for a long time exceeding three years as stated in the facts constituting the crime in the judgment of the court below by false or unlawful means, and the nature of the crime is serious in light of the purpose and contents, means, methods, and results of the crime, the period and frequency of the crime, and the amount of profits acquired, etc., each of the crimes of this case committed by the defendant is likely to undermine the soundness of subsidy business, cause the national financial insolvency, and damage is ultimately transferred to the whole citizens, which is highly likely to be criticized, and the circumstances of the crime after the crime are deleted by ordering the related persons to destroy some materials about each of the crimes of this case (the defendant has since investigation agency to make confession all of each of this case to the prosecution).

In full view of all the sentencing conditions in the court below and the trial proceedings, including the fact that the amount equivalent to the full amount of the money acquired by the defendant is deposited for the Gun office of the victim captain, the fact that some of the subsidies obtained by the defendant could have been received even after having gone through a normal procedure, and there is no criminal record of the defendant who has been punished by imprisonment without prison labor or any heavier punishment, etc., the prosecutor's assertion is without merit, since the sentence imposed by the court below is too unfeasible and it is deemed unfair.

3. In conclusion, the Prosecutor’s appeal is justified.

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