logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.07.10 2014노2385
업무상배임등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence imposed by the lower court on the Defendants (six months of imprisonment, two years of suspended execution, and eight hours of community service order) is excessively unreasonable.

2. The crime of this case is found to be disadvantageous to the Defendants, in light of the circumstances leading up to the crime, contents, and the amount of subsidies illegally received, such as forging a quotation, etc., in which the Defendants received an excessive amount of subsidies through a quotation for apartment construction cost, and the Defendants purchased a false quotation to conceal it. Defendant A, as well as the fact that the crime of this case’s illegal receipt of subsidies is not less light in light of the circumstances leading up to the crime, contents, and the amount of subsidies illegally received. The crime of this case’s illegal receipt of subsidies is difficult to make the financial situation of the State and local governments difficult and impedes sufficient support for the place where subsidies should be actually

However, in full view of the following circumstances: (a) the Defendants recognized the instant criminal facts and against their mistake; (b) there are no criminal records and no criminal records beyond the fine; (c) the Defendants accumulated the subsidy that the Defendants received as the instant criminal acts as the long-term repair appropriations for apartment buildings; (d) the Defendants did not use them for personal purposes; and (e) returned the illegally received subsidy at the time of seeking the payment of the subsidies; and (e) other circumstances that are the conditions for the instant sentencing, such as the Defendants’ age, character and conduct, intelligence and environment; (e) motive, means and consequence of the instant crime; (e) the circumstances after the instant crime; and (e) criminal records, etc., the punishment imposed by the lower court is somewhat unreasonable,

3. Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.

arrow