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The judgment of the court below is reversed.
Defendant
A, B, and C are punished by a fine of KRW 500,000,000,000,000.
Reasons
1. Summary of grounds for appeal;
A. Article 28 of the Social Welfare Services Act provides that a social welfare foundation may engage in a profit-making business. Defendant A’s use of the subsidies for social welfare programs for the purpose of O’s members, who are the head of the profit-making business of Defendant D (hereinafter “Defendant Corporation”) is not for any purpose other than its original purpose.
B) The Defendant corporation is the M Welfare Center (hereinafter “Welfare Center”).
2) The members of the Council and the O (hereinafter referred to as “Council members”)
(C) The lower court recognized that Defendant A’s subsidies used for any purpose other than its original purpose (2.160,000 won x 60%) as KRW 129,00,000 (2.160,000), since Defendant A’s facilities and human resources were operated collectively pursuant to Article 34-2 of the Social Welfare Services Act.
2) The punishment of the lower judgment on unreasonable sentencing (one million won of a fine) is too unreasonable and unfair. (b) Defendant B and C’s punishment (one million won of a fine) is too unreasonable and unfair. (c) Defendant P performed the duties of welfare center as an employee of the welfare center. (b) Defendant corporation operated integratedly pursuant to Article 34-2 of the Social Welfare Services Act, since the welfare center, its facilities, and human resources were operated by the welfare center, the payment of P’s wages to the operation subsidy granted to the welfare center is not for any purpose other than its original purpose.
C) A subsidy used for purposes other than its original purpose is KRW 13,208,334 (=22,013,890 (=2,160,000 won) x 15,875,020 won 3,978,870 won) x 60%, but the lower court recognized the subsidy as KRW 22,013,890. (D) The Defendant corporation performed considerable care and supervision to prevent the Defendant’s violation.
2) The sentence of the judgment of the court below on unreasonable sentencing (the fine of five million won is too unreasonable).
2. Determination
A. As to the assertion of mistake of facts regarding the P business affairs of Defendant corporation