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(영문) 인천지방법원 2013.03.22 2012노3508
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor's grounds for appeal recognizes the fact that the defendant himself/herself prepared the Incheon B and his/her residence to care for his/her children, and that the company located in the Incheon J. The court below witness I testified to the effect that the defendant was sent to Incheon as a letter of F, and voluntarily indicated the defendant at the investigative agency that he/she was not a real resident. The materials submitted by the defendant alone cannot be recognized as a real resident.

Therefore, although the defendant did not reside in the "F of Incheon Spojin-gun, and received the national subsidy by false application, and can be recognized that he received the scholarship by deceiving the victim Gposor, the court below acquitted the defendant, the court below erred by misapprehending the facts and thereby affecting the conclusion of the judgment.

2. Determination

A. The Government that violated the Act on the Budgeting and Management of Subsidies and Subsidies provides the funds necessary for the sustainable development of the electric utility industry and the creation of the foundation for the electric utility industry, and uses the funds for the support projects for residents who reside in the neighboring area of the electric power plant.

In addition, as part of the resident support project, the applicant has a domicile in Incheon Cheongjin-gun, Incheon, which is a neighboring area of the C power plant, and the head of the household who has been actually residing for more than five consecutive years, supports the school expenses from the above Fund if he/she will come to a school, and no person is granted subsidies by fraudulent application or other

For the purpose of receiving the above subsidies, at the above E Headquarters Strategic Planning Team Office around August 2010, the Defendant prepared a false application for school expenses as if he actually resides in the above F, and submitted to the staff in charge of C Headquarters accompanied by a certified resident registration abstract, and around September 13, 2010.

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