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The judgment of the court below is reversed.
Defendant
A. The defendant corporation B shall be punished by a fine of KRW 1,00,000 in six months of imprisonment.
Reasons
1. The summary of the grounds for appeal asserts that the punishment (the imprisonment of 10 months for the defendant A and the fine of 3 million won for the defendant B) declared by the court below is too unreasonable.
2. The crime of this case is established where Defendant A, the representative director of Defendant B, received a subsidy in connection with the F business from the U.S. Armed Forces of Korea, but he voluntarily consumed part of the subsidy from Defendant A to the management expenses and employees of another company run by Defendant A regardless of such subsidy, etc. The crime of this case results in impeding the appropriate management of the subsidy budget created and operated by the State due to the crime, and preventing the subsidy from being properly provided to a person who is obligated to receive the subsidy; and the fact that Defendant A voluntarily consumed the subsidy is higher than KRW 100 million is recognized.
However, in light of the following circumstances: (a) Defendant A recognized his mistake and reflects his depth; (b) Defendant A paid additional KRW 83 million to the victim during the trial; and (c) Defendant A recovered all the damage to the victim; (d) Defendant A did not have any record of being punished in addition to the punishment of a fine on two occasions due to a violation of the Road Traffic Act (driving) and that there is no record of punishment; and (e) Defendant A’s health status is not good, etc., under favorable circumstances in favor of the Defendants; (b) equity with the punishment for other crimes similar to the instant crime; (c) age A; (d) personality and behavior, occupation and environment; (e) family relationship; and (e) the circumstances after the instant crime; and (e) all other circumstances that are conditions for sentencing as shown in the records and arguments, the sentence imposed by the lower court against the Defendants is unreasonable.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment is delivered again as follows.
[Judgment of multiple times] Criminal facts and evidence.