지방재정법위반등
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The defendant above.
1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unreasonable.
2. The instant crime committed by the Defendant, the executive secretary of the former North Korean branch D branch of the C organization (hereinafter “C organization D branch”) in collusion with his accomplices, uses the subsidies, etc. received from D, etc. for purposes other than the purpose of use, and forges the receipt of gift certificates of veterans organization gift certificates, etc. from D, which was submitted to the public official in charge of D, and submitted to the public official in charge of D. In light of the background, method, frequency, etc. of the crime, the nature of the crime is not somewhat weak.
However, in full view of the following: (a) the Defendant recognized the instant crime and reflects the mistake in depth; (b) the first offender; (c) the Defendant appears to have no profit acquired by himself; (d) the branch of the C organization D branch of the D branch of the C organization paid KRW 4 million out of the collection amount to be paid at D at D; (c) some members of C organization D branch of the C organization wish to be placed before the Defendant; and (d) other factors of sentencing as indicated in the instant records and arguments, such as the background of the instant crime, the Defendant’s age, character, conduct, and environment, the lower court’s punishment is too unreasonable.
Therefore, the defendant's argument is justified.
3. As such, the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.
【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 97(2) and 32-4(1) of the Local Finance Act concerning facts constituting an offense, Article 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act (the use of private documents for purposes other than those of local subsidies), and Articles 234, 231, and 30 of the Criminal Act.