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(영문) 대구고등법원 2019.08.21 2019노231
부정처사후수뢰등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment, and fine of three million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case, which is a public official, is likely to be committed in light of the content, frequency, period, method, and amount of damage, etc. of the crime, by means of falsely preparing an application for closure of business with an opportunity to select a person eligible for subsidies and inputting false facts into the relevant information system, by unlawfully obtaining subsidies equivalent to KRW 150 million, etc., by unlawfully receiving subsidies at the request of a person who is not eligible for subsidies, and receiving a bribe unlawfully upon receiving a request from the person who is not eligible for subsidies. The crime of this case is highly likely to be committed in view of the content, frequency, period, method, and amount of damage.

The Defendant committed the instant crime in order to obtain personal pecuniary benefits through investment in real estate, and the motive for the crime is also not good.

The crime of acquiring subsidies is highly likely to cause the insolvency of subsidy projects implemented through the subsidization of project expenses of the State or local governments, and cause the budget loss to the State or local governments for the pursuit of individual's profit.

The defendant who has been in charge of the granting of the subsidy has repeatedly committed the crime of acquiring the subsidy for a long time by taking advantage of his/her position and received the bribe. Accordingly, fairness in the performance of public officials' duties has been considerably damaged, and the integrity and uncertainty of the affairs handled by the public officials have been seriously infringed on the trust of the society.

However, the defendant recognizes all of the crimes, and is against the wrongness.

The defendant has served as a public official for about 18 years, and has no record of criminal punishment.

The defendant shall fully return the amount of damage, such as subsidies received by him/her.

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