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(영문) 광주지방법원 2018.11.08 2018노724 (1)
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Of the facts stated in the judgment below, the sum of KRW 5,8,9,9,16,17,19,20,21,23,25,26,27, 27, and 29, the sum of KRW 50,508,780,00, which is the sum of KRW 5,8,9,00 per annum of the crime committed in violation of the Act on Fraud and Activity Assistant Services for Persons with Disabilities (No. 723, 2016, 723) among the facts constituting the crime in the judgment of the court below, as stated in the judgment of the court below, the pertinent assistant actually subsidized the recipient of the activity, or did not conspired for the defendant to receive the benefits by fraud or other improper means.

shall not be deemed to exist.

2) misunderstanding of the legal principles, each of the instant frauds by misapprehending the legal principles has committed deception several times against the same victim through the same criminal method as a single criminal intent, and thus, it is not a substantive competition but a single comprehensive crime.

3) The sentence of the lower court’s unfair sentencing (two years of suspended sentence for one year of imprisonment) is too unreasonable.

B. According to the evidence, such as K’s statement, etc., the prosecutor 1 of the lower judgment found the Defendant not guilty of this part of the facts charged, even though the Defendant deceiving AH Center about the activity subsidization of KRW 1,309,010 (No. 10 per annum of the crime list No. 10 per annum) for Y’s assistant M, and recognized the fact that he/she claimed expenses for benefits by fraud or other improper means, the lower court acquitted the Defendant of this part of the charges.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination as to the assertion of mistake of facts by Defendant and Prosecutor

A. The Defendant in this part of the facts charged is the supervision of the “H Team” and the “K” is the Head of the J Association Secretariat, and L, M, N,O, P, Q is the table players, and R, T, U, V, X, Y, M, X, Z, AA, AB, X, AC, AD, AE, AE, and the above K are activity support personnel registered with the AH Center or the AJ Center located in the AF Child Care Center in the AF or AI (hereinafter “ activity support personnel”).

Each of the above centers shall be an assistant to the activity.

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