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(영문) 서울동부지방법원 2015.01.30 2014노1625
보조금관리에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (2.5 million won of a fine) is too unreasonable.

2. Although the judgment of the court below has some favorable circumstances to the defendant, such as the fact that the defendant divided his mistake and has no record of being sentenced to the punishment heavier than that of the same crime or suspended execution before the instant case, and that the amount of subsidies used for other purposes is not significant due to the instant crime, the court below seems to have partially reduced the fine of the summary order by reflecting such circumstances. The instant crime is a case where the defendant used 15,640,000 won, which is part of the subsidies that the defendant received from the corporate start-up Promotion Agency, for the purpose of paying the office rent of the corporation B, which actually operates. Such crime is not good, and it is ultimately unfair in light of the unfavorable circumstances such as the defendant's age, character and behavior, career, circumstances of the crime, and circumstances after the crime, etc., the punishment of the defendant is to be imposed as much as possible.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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