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(영문) 청주지방법원 2015.01.23 2014노902
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The fact that the defendant's judgment on the grounds for appeal of this case is contrary to the recognition of the crime of this case (the defendant was tried before being detained for two months in the original trial), that there was no record of being punished for the same crime, and that there was no criminal record exceeding the fine, and that full deposit of the subsidies obtained through deception KRW 375,989,000, etc., can be considered in favor of the defendant.

However, the crime of this case is not appropriate for the crime of this case to be committed by obtaining subsidies by false or other unlawful means, such as filing a false statement of transactions as if the defendant had borne the expenses in connection with the "Support Project for Modernization of Livestock Farming Facilities" conducted by the Ministry for Food, Agriculture, Forestry and Fisheries while operating a chickens farm, and receiving subsidies by fraudulent or other improper means, such as filing an application for subsidies, based on the subsidy program cost less than the actual construction cost. The crime of this case requires punishment corresponding to the crime of causing damage to the whole of the people who are taxpayers by making the state financial poor, and the total amount of the subsidy obtained by the defendant reaches KRW 375,989,00 [the defendant is deemed to mean the ratio of the self-paid charges of the defendant out of the above amount of fraud (the amount to be borne by the defendant to be borne by the defendant)

The author argues to the effect that only the amount corresponding to the fraud amount should be considered as the fraud amount.

However, there is no evidence suggesting that the Defendant actually assumed the amount of self-paid contributions as alleged by the Defendant, and, even if the Defendant had partially borne the self-paid contributions, insofar as the Defendant submitted false details of transactions as to whether the Defendant shared the self-paid contributions and applied for subsidies based on the subsidized project cost lower than the actual construction cost, such false application for subsidies can be accepted as a means of exercising the right as a whole

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