Text
Defendant
The appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of KRW 3,00,00) of the original judgment is too unreasonable.
2. The circumstances are as follows: (a) the Defendant’s mistake is divided in depth and reflected; (b) there is no record of punishment for the same kind of crime; (c) there is no record of criminal punishment exceeding the fine; and (d) there is no record of health status.
However, in light of the amount of subsidies useful for the Defendant’s arbitrary use of the subsidies as expenses for the development of his business, the crime of this case is disadvantageous, such as the following: (a) the Defendant’s use of the subsidies received as expenses for the development of his business; and (b) the Defendant returned the useful subsidies to the Foundation C; (c) the Defendant could not return the useful subsidies to the said Foundation until now; and (d) other factors of sentencing, such as Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the lower
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.