보조금관리에관한법률위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too unreasonable.
2. The Defendant, upon filing a false application, acquired the national subsidy or local subsidy of KRW 8 million at the same time as he/she received it.
It is necessary to strictly punish these crimes because they are not only dissipating the purpose of the subsidy project funded by tax, but also causing the result that the subsidy cannot be paid to the project for which the subsidy should be actually paid.
This is disadvantageous to the defendant.
The defendant shows the form of reflection against the defendant when he acknowledges the crime.
The amount of damage is not very significant in scale.
The decision to grant subsidies was partially revoked and changed to grant 6 million won for national expenses and 6 million won for military expenses, respectively. The decision to recover the subsidies of 2 million won for the remainder of the national expenses and 2 million won for military expenses was made, and all the Defendant paid them.
There is no circumstance to deem that the Defendant obtained personal benefits by committing the instant crime.
Before the crime of this case was committed, the defendant had no record of criminal punishment in addition to the punishment of a fine once due to the previous convictions.
(Criminal punishment due to the crime of embezzlement and occupational embezzlement was made after the crime of this case). This is favorable to the defendant.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, motive, method, and consequence of the crime, various circumstances, including the circumstances after the crime, etc., the lower court’s punishment is deemed to be too unreasonable.
Defendant’s assertion is with merit.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court and summary of the evidence are the facts constituting a crime and summary of the evidence.