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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
However, the defendant.
Reasons
1. Each sentence of the lower court against the Defendants on the summary of the grounds for appeal (Defendant A: Imprisonment with prison labor for one year, and fines for 10 million won for L) is too unreasonable.
2. Determination
A. The crime of acquiring partial subsidies to Defendant A is an unfavorable circumstance to the Defendant, such as the following: (a) the crime of obtaining subsidies from the State or a local government brings about insolvency of subsidies from the State or a local government and bring about budgetary loss; (b) the Defendant’s crime was committed in collusion with several auxiliary project operators, not only once but also once; and (c) the Defendant was committed repeatedly in the course of investigation in order to make a false statement on the details of payment.
However, the defendant recognized each of the crimes of this case and is in violation of depth, and there is no record of punishment for the same kind of crime or suspension of execution or more.
The defendant would return part of his contributions to the subsidized business operator.
It appears that the subsidized business entity would have responded to the demand of the subsidized business entity to compensate for some of the subsidized business entity's contributions to receive subsidies for the construction project, not actively proposed (in the first instance trial, some of the co-defendants of the original trial were requested by the Defendant and received a refund of their own contributions.
In addition, if the defendant requests the preservation of part of his/her own contributions due to the sharing of such information between the subsidized business operators and the defendant, most of the subsidies paid to the Corporation would have been used, the defendant has been detained by the court below for about four months and has an opportunity to reflect while living in prison, the defendant is the most supporting mother and spouse, minor children, and the employees of the defendant's company wanting to take the preference against the defendant.