2018Gohap89 A. Acceptance of bribe

(b) Violation of the Subsidy Management Act;

(c) Fraud;

(d) Forgery of a private signature;

(e) Exercising the above investigation signature;

(f) Offering of bribe;

g. Violation of the Punishment of Violences, etc. Act (joint injury)

(h) Indecent acts by compulsion;

1. A. F. F. F. F. F. F. F. F. F.P.

2.(b) B . B 62. Raw

3.(b) . (g) . C . C South 69. C

4.(b) . (c) . d. D. 75 Jinay

5. (f) South 69 South Korea

6. D. F. F. F. F.W. 91

7.g. H. G 64. G

The last secretary, the senior secretary (prosecutions), and the Kim Attempted (Public Trial)

Attorney Lee Do-young ( For Defendant A)

Attorney Kim Jong-soo, $ $100 (for defendant B)

△△ Law Firm (for Defendant C)

Attorney* *

Attorney-at-law and (for defendant D, E, and F)

법무법인 ■■ ( 피고인 G를 위하여 )

Attorney Lee In-bok et al.

October 11, 2019

Defendant A’s imprisonment of 10 months, fine of 20,00,000 won, Defendant D’s imprisonment of 8 months, Defendant C, and G

Defendant E shall be punished by a fine of KRW 5,00,00, and KRW 00,00, respectively, in 10 months of imprisonment of each subparagraph.

When Defendant A and E fail to pay the above fine, each period of 100,000 won converted into one day.

The above Defendants are confined in the workhouse.

(2) In the case of Defendant A, C, D, and G, the enforcement of the above sentence for two years from the date this judgment became final and conclusive.

example.

Pronouncement of a sentence against Defendant F shall be suspended.

Defendant C and G shall order each of 40 hours to attend the sexual assault treatment lecture.

5,841, 300 won shall be collected from Defendant A.

Defendant A and E shall be ordered to pay an amount equivalent to the above fines and additional charges.

Of the facts charged in the instant case, each of the facts charged against Defendant B, C’s fraud, and violation of the Subsidy Management Act

Not guilty;

The summary of the acquittal portion in this judgment shall be publicly notified.

Facts of crime

2018Gohap89 Defendant A, D, E, F

1. Defendant D and F’s co-principal conduct

(a) Forgery of private signature;

On June 2015, Defendant D received a report from 10 persons, including the first-time students H, registered in the attendance book from Defendant F, who did not appear in the attendance book at the attendance room at the Seocho-si Ma-si Ma 000, and instructed Defendant F to sign the attendance book at his own discretion on behalf of the students who did not appear at the attendance, and Defendant F had the intention to sign the attendance book at his own discretion.

Accordingly, Defendant F, at the office of the △△ University from April 8, 2015 to May 27, 2015, forged 10 students’ signature as stated in the “H” column as if H had attended a normal meeting, as if he had attended the meeting from around April 8, 2015 to around May 27, 2015.

As a result, the Defendants conspired to forge 10 students' signature.

(b) Exercising the above investigation signature;

On December 2, 2015, the Defendants conspired with the aforementioned paragraph, and submitted to the head of the Busan Regional Employment and Labor Office for false signature by submitting to the person in charge of the regional cooperation of both the Busan Regional Employment and Labor Office and the head of the Busan Regional Employment and Labor Office, and filed a report on the completion of the training program for marketing experts using 3D printers for the regional-specific job creation support projects of the Busan Central Employment and Labor Organization, and submitted to the head of the Busan Regional Employment and Labor Office for false signature by submitting to the person in charge of the regional cooperation of both the Busan and the head of the Si Employment and Labor Office and the head of the Si Employment and Labor Office

As a result, the Defendants conspired to use forged private signature like the description in the paragraph.

2. Defendant D - Violation of the Act on Fraud and Subsidy Management

On June 2015, the Defendant reported the fact that ten of the 20 employees of the Yangsan Industrial Association (hereinafter referred to as the "Masan Industrial Association," hereinafter) completed the first education course from F (the education period: from April 8, 2015 to June 1, 2015) who completed the 20 education course, which is a police officer of the Seochosan Industrial Association (hereinafter referred to as the "Masan Industrial Association"), was present at the normal meeting without attending the class as they were, and was not normally promoted the 3DF program using the 3DF to enhance the youth employment rate in Gyeyangsan and Gyeongnam area (hereinafter referred to as the "education program in this case"), and was well aware of the fact that the change was made in its business contents.

On February 4, 2015, the Defendant was aware that there was an agreement on the support project for creation of customized jobs with the content of “where the support project becomes final and conclusive between the Yang Regional Employment and Labor Office in Busan, Yangsan-si, and Yangyang-si, and Yangyang-si, and the budget, etc. during the implementation of the project, the approval of the Employment and Labor Office shall be obtained, and where it is deemed impossible to implement the project in violation of the terms and conditions of the support, the Employment and Labor Office may cancel the support, and where it is difficult to discontinue certain private businesses during the implementation of the project or where it is difficult to implement the project due to its own circumstances, it shall return the subsidies not used as of the time of suspension or discontinuance of the project.” Therefore, the Defendant reported the changes in the contents of the project, such as reduction of the trainee, etc., to the Korea Employment and Labor Office in Busan-si through Yangsan-si, the competent Employment and Labor Office in Busan-si, the head of the competent Si Employment and Labor Office in question, without stating the fact that the education will be suspended or recovered.

Therefore, the Defendant received subsidies of KRW 2,898,950 on June 16, 2015 (2,609,000, KRW 289,950, and KRW 289,950, from the State subsidies of the local government granted by the Busan Regional Employment and Labor Agency and the victims, as if the instant educational project was normally under way without reporting the absence of classes of the persons who completed the education and the changes in the contents of the project as above, and as such, the instant educational project was carried out.

As a result, the Defendant received subsidies of KRW 2,898,950 for the purpose of subsidies from the Busan Regional Employment and Labor Office and the Victim Yangsan Viewing Service. At the same time, the Defendant received subsidies of KRW 2,60,00 for false application or other unlawful means.

3. Defendant A

The Defendant is a person who has the authority to deliberate and confirm the budget, approve settlement of accounts, and audit and investigate administrative affairs related to the projects promoted in the Yangsan City Economic Environment Bureau from June 4, 2014 to June 2018 by the Siwon belonging to the Yangsan City Construction Committee.

On December 9, 2014, the Busan Regional Employment and Labor Office, which is an agency affiliated with the Ministry of Employment and Labor, publicly announced the "public invitation of local job creation support projects (basic local government support projects)" in 2015. Pursuant to the above public announcement, the Yangsan City has been in charge of ① public participation in support projects, ② management and operation of prepaid support projects, ③ implementation of projects in accordance with the project plan, ④ project evaluation and consulting cooperation at the time of the execution institution's guidance and inspection, ④ project evaluation and consulting cooperation, ⑥ grant of subsidies, 7th settlement of projects and redemption of subsidies, and related business practices were conducted by the job economy department affiliated with the Yangsan Environment Bureau.

한편 , 피고인은 2013 . 경 ○○대학 교직원으로 취업 담당업무를 하던 중 ♤♤에서 마 케팅 업무를 하는 피고인 E를 알게 되었고 , 2014 . 12 . 경 위 E로부터 이 사건 교육사업 을 진행할 사람으로 피고인 D를 소개받았다 . 이후 피고인 E는 이 사건 교육사업에서 마케팅강의를 하고 , 지인 I , J를 강사로 소개하였으며 , 처 K도 홍보 담당직원으로 근무 하게 하였다 .

On May 11, 2015, the Defendant called Defendant E to conduct the instant educational project as a whole and operated as a subsidy support project. The Defendant received KRW 1,874,00 from Defendant E to the agricultural bank account in the name of the Defendant around May 11, 2015, including KRW 935,60,00 around May 31, 201, and KRW 935,00 around May 3, 101, and KRW 032,032,00,000 in total, and KRW 5,81,841,30,000 from Defendant E, who had concerns over the suspension of the instant educational project or the refusal of the cooperation of the Administration in Yangsan-si.

Accordingly, the defendant accepted a bribe in relation to his duties.

4. Defendant E

At the date, time, place, as described in paragraph (3) of the facts charged, the Defendant heard the words as described in paragraph (3) of the facts charged, and paid KRW 5,841,300 in total, around May 11, 2015, the Defendant paid KRW 1,874,00 to the Agricultural Cooperative Account in the name of A, and KRW 1935,60 in around 31, May 31, 201, and KRW 1935,60 in the name of A, and KRW 3,00 in total, KRW 5,841,30 in the case of suspension of the instant educational business or refusal to cooperate in the mass viewing service.

Accordingly, the defendant given a bribe in relation to the public official's duties.

“2018Gohap172, Defendant C, G

1. Violation of the Punishment of Violences, etc. Act (joint injury);

On November 22, 2017, around 00: 20: (a) around 20, the Defendants: (b) around 20, to the victim L ( South, the age of 60) who was in contact with large-scale driving on the street in Busan East-gu, Busan-do Do,* 38-13, and (b) to the final destination, and (c) to the victim L ( South, the age of 60) who was in contact with large-scale driving on the street, and (d) to go up, and (e) the victims of the defect demanded additional charges of KRW 5,00,00.

As a result, the Defendants jointly inflicted on the victim the injury, such as the upper part of the upper upper part of the upper part of the body and the upper part of the upper part of the body, which requires treatment for about two weeks.

2. Indecent acts by compulsion;

The Defendants: (a) the date and time indicated in the above paragraph (1); (b) the victim was pushed the victim of the defect in order to keep him/her out of his/her hands, and (c) the Defendant G was forced to keep him/her out of his/her hands, with a wall; (d) the Defendant G was friencing the victim’s sexual organ, where he/she was friencing; and (e) the Defendant C was forced to keep him/her out of his/her hands.

Accordingly, the Defendants conspired to commit an indecent act against the victim.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

○ Defendant A: Article 129(1) (a) of the Criminal Act (the fact of acceptance of bribe and any combination thereof), the aggravated punishment of specific crimes, etc.

A fine shall be concurrently imposed pursuant to Article 2 (2) of the Act on the Punishment of Fines.

○ Defendant D: Article 347(1) (a) of each Criminal Code; Article 347(1) (b) of the former Subsidy Management Act (2016)

Article 40 (False Application or Divisions before Amendment by Law No. 13931 of 28)

Article 239(1) of each Criminal Code (the fact that subsidies have been granted in the manner prescribed)

Article 239(2) of each Criminal Code (the point of holding a false investigation signature)

○ Defendant E: Articles 133(1) and 129(1) of the Criminal Act (the point of offering of bribe)

○ Defendant F: Article 239(1) of each Criminal Act (a) and Article 239(2) of each Criminal Act (a forged provision)

The fact that private signature is exercised)

○ Defendant C and G: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257 of the Criminal Act

Article 298, and Article 30 (Occupancy of Indecent Act by Indecent Act by Compulsion)

1. Competition;

○ Defendant D: Articles 40 and 50 of the Criminal Act (Mutual Crimes of Forgery of Private Signature, each of the Crimes of Exercising Official Signature)

호간 , 범정이 가장 무거운 È에 대한 사서명위조죄 , 위조사서명 행사죄

penalty prescribed in the section, victim mass viewing, Busan Regional Employment and Labor Office

each crime of fraud, violation of the Subsidy Management Act, shall be subject to punishment and shall be subject to punishment.

It shall be determined that fraud is committed against the creative branch office of the Busan Regional Employment and Labor Office of the largest victim.

Punishment)

○ Defendant F: Articles 40 and 50 of the Criminal Act (Crimes of Forgery of Private Signature, Crimes of Exercising False Signature)

이 가장 무거운 È에 대한 사서명위조죄 , 위조사서명 행사죄에 정한 형

(2). (3)

1. Selection of penalty;

The crime of forging a private signature, the crime of uttering of a false investigation or signature, and the crime of offering a bribe shall be punished by imprisonment for each other crime.

(2) Determination of a fine for the crime of offering of a bribe

1. Aggravation for concurrent crimes;

○ Defendant D: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the largest punishment)

Aggravation of concurrent crimes with punishment for concurrent crimes

○ Defendant F: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

Aggravation of concurrent crimes with punishment prescribed in the crime of exercising private signature)

○ Defendant C, G: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act / [Concurrent punishment]

Punishment of Violences, etc. (Joint Injury) Crimes in violation of the Punishment of Violences, etc. Act

[China]

1. Detention in a workhouse (Defendant A and E);

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution (Defendant A, D, C, G);

Article 62 (1) of the Criminal Code

1. Suspension of sentence (Defendant F)

Article 59 (1) of the Criminal Act (Suspension of Sentence: Imprisonment with prison labor for not more than four months)

1. Order to attend lectures (Defendant C, G)

The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An order of disclosure and notification, and exemption from employment restriction orders, respectively (Defendant C and G);

Articles 47(1), 49(1), and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, children and cleaning

The proviso to Article 49(1), the proviso to Article 50(1), and the gender of children and juveniles of the Act on the Protection of Sexual Abuse.

Article 3 of the Addenda to the Protection Act (Law No. 15352, Jan. 16, 2018), Article 3 of the former Child and Juvenile Gender Report

Article 56(1) proviso to Article 56(1) of the Act (Amended by Act No. 15452, Mar. 13, 2018)

Article 2 of the Addenda to the Welfare of Disabled Persons Act (Law No. 15904, Dec. 11, 2018); Article 59 of the Welfare of Disabled Persons Act

-3 proviso to Article 1(1) of the Act (the Defendants have no record of punishment for sex crimes, and the Defendants’ confidence therein

The effect of preventing the Defendants from repeating the crime is even limited to registration of commercial information and participation in the sexual assault treatment lecture.

The Defendants’ age, occupation, social relationship, and this case’s crime appears to have been committed.

(1) Details and details of the offense, methods and results of the offense, other disclosure orders and notification orders, employment restrictions

Benefits and crime prevention effects expected by Ordinance, and disadvantages and prospects resulting therefrom;

In full view of all the circumstances such as side effects, disclosure and notification of the defendants' personal information; or

It is deemed that there are special circumstances to not restrict employment)

1. Additional collection (Defendant A);

Article 134 of the Criminal Act

1. A provisional payment order (Defendant A and E);

Article 334(1) of the Criminal Procedure Act

Judgment on the assertion of Defendant A and Defense Counsel

1. Summary of the assertion

Although there is a fact that he received money from Defendant E, it cannot be deemed that he received a bribe because there is no relevance to duties.

2. Determination

A. Relevant legal principles

In the crime of bribery, a public official includes not only his duties under the control of law, but also acts closely related to his duties, or acts of duties under customary or de facto jurisdiction, and acts of duties that may assist or affect the person who has the political authority (see Supreme Court Decision 2010Do13584, Dec. 23, 2010, etc.).

In addition, the issue of which profit a public official gains as an unfair profit in relation to his duties shall be determined in consideration of all the circumstances such as the contents of the relevant public official's duties, the relationship between a job and a benefit provider, whether there exists a special relationship between both parties, the degree of profit and the circumstances and timing of receiving the profit, etc. In light of the fact that the crime of bribery is the process of performing his duties and the social trust and the impossibility of purchasing the act of official duties, the issue of whether the public official's receiving the profit is doubtful of the fairness of performing his duties from the general society due to receiving the benefit is also the standard for determining the fairness of accepting the bribery (see, e.g., Supreme Court Decision 2010Do1797, Mar. 24, 2011).

As above, the crime of acceptance of bribe is established when the number of public officials' duties and money is in a quid pro quo relationship, and there is no need to consider the existence of solicitation and the quid pro quo relationship for individual duties, and there is no need to specify the relevant duties (see Supreme Court Decisions 97Do2609, Dec. 26, 1997; 2005Do4204, Apr. 24, 2007, etc.).

(b) Basic facts

(1) On December 9, 2014, the creative branch of the Busan Regional Employment and Labor Office publicly announced a recruitment of the basic local government support project (hereinafter referred to as the "job creation support project") among the job creation support projects for the region-specific job creation in 2015. The project is to form a consortium with the basic local government within the Gyeongnam-do, and a local employment-related non-profit organization as the project implementer, and to discover and propose a project suitable for the regional characteristics with the objective of creating jobs, promoting employment, and developing the ability of the local residents, the project is to be selected after examining the selection committee for the job creation support project for the region-specific job creation in the 2015.

The above creative branch office shall pay 90% of the total project cost to the basic local government which is the representative body of the consortium selected as above for the project as the national subsidy once, and the basic local government shall pay 10% of the total project cost as the response fund of the local government, and after adding it to the local government, the basic local government shall pay the above subsidy twice in consideration of the project implementation performance, etc.

( 2 ) 피고인 A는 2014 . 12 . 초순경 양산시상공업연합회 회장 피고인 B에게 위 창원 지청이 공모한 일자리창출 지원사업에 대해 설명하며 , 양산시 상공업연합회와 양산시가 컨소시엄을 구성하여 이 사건 교육사업을 진행해보자는 제의를 하였다 . 피고인 E에게 는 이 사건 교육사업의 실무를 맡아 달라고 하였는데 , 피고인 E가 당시 ♤♤에서 마케 팅 업무를 담당하고 있지 않아 이 사건 교육사업의 실무 업무를 할 수 없다고 하자 다 른 사람을 소개해달라고 하였고 , 피고인 E로부터 피고인 D를 소개받았다 .

On December 2, 2014, Defendant A introduced Defendant B to Defendant B as an employee who will take charge of the practice of the instant educational project and the preparation of a written proposal for the project, Defendant D prepared a written proposal for the instant educational project, and Defendant A sent the written proposal to Defendant A and requested review.

The Yangsan City Industrial Association constituted Yangsan City and the consortium, submitted the proposal for the instant educational project. On January 22, 2015, the Review Committee selected the above educational project as a subsidy support program, and on February 4, 2015, the Busan Regional Employment and Labor Office of Busan, the Yangsan City, the Yangsan City, and the Yangsan Industrial Association concluded an agreement on job creation support program.

(3) In the Yangsan City, the Ministry of Economic and Environment has been in charge of job creation support projects in the department of the job economy under the control of the Economic and Environment Bureau. The Yangsan Viewers granted the first subsidy of 42,695,000 won (the State subsidy of 33,984, 000 won, Si subsidy of 8,711,00 won), around June 16 of the same year, in consideration of the project implementation performance performance, etc. of the program implementation organization (the second subsidy of 120,948, 000 won, Si subsidy of 8,711,000 won, respectively).

On June 11, 2015, the Ministry of the Economic and Environmental Bureau of Yangsan-si M public officials under its control conducted on-site inspections and supervision at △△ University, which is a site for the instant school development project, and the N under its control conducted the same work at the same place on October 21, 2015.

(4) On April 28, 2015, Defendant A attended the Committee for the Construction of City of the Extraordinary Session at Yangsan City, and deliberated on the budget bill for job creation support projects in the first revised supplementary budget in 2015, Defendant A also stated that “this member’s public recruitment project has been followed for the construction of infrastructure for the mass industry industrial complex,” as well as that “this member’s free bus operation project for the construction of infrastructure in the mass industry complex, which is another job creation support project, is not a public recruitment project.In the light of corrective inquiries, Defendant A also made a statement to the head of the competent agency and bureau that the above free bus operation project has not been properly followed, and that the above project has been promoted as soon as possible.”

(5) Defendant E participated in the pertinent educational business as a marketing education instructor and received tuition fees. Defendant E recommended I and J as an instructor in the pertinent educational business and received tuition fees from them. Defendant E recommended his wife K as an employee in the pertinent educational business, and recommended it as an employee in the above educational business, so that the above K would receive KRW 80 to 90,000 per day while performing one to two hours work.

C. Specific determination

Defendant 1 and Defendant 3 did not appear to have been aware of the above facts and the facts that Defendant 1 had been aware of the facts and the facts that Defendant 3 had been asked to receive the above facts and the facts that Defendant 1 had been aware of the facts and the facts that Defendant 2 had been asked to receive the above facts and the facts that Defendant 3 had not been able to receive the above facts and the facts that Defendant 1 had been able to receive the above facts and the facts that Defendant 2 had been asked to receive the above facts and the facts that Defendant 3 had not been able to receive the above facts and the facts that Defendant 1 had been asked to receive the above facts and that it had not been able to receive the above facts and that they had been able to receive the above facts and the facts that Defendant 1 had been able to receive the above facts and that it had been able to receive the above facts and that they had been 10% of the total amount of subsidies and training for Defendant 2, 200,000 won.

Reasons for sentencing

1. Defendant A

(a) Scope of applicable sentences under law: Imprisonment for one month to five years, fines of 11, 682, 600 to 29, 206, 500 won;

(b) Scope of recommending types according to the sentencing criteria; and

[Determination of Type] Bribery 01. Acceptance of bribe / [Type 1] 10,000 won

【No Special Convicted Person】

[The scope of recommendations and recommendations] Basic Area, 4 months to 1 years of imprisonment

(c) Determination of sentence;

Although the Defendant had a duty to serve as a member of the local council and maintain integrity, it has seriously impaired the trust in the public service society by accepting bribe in relation to duties. In particular, even though the Defendant demanded the money actively by taking advantage of his/her position, crimes such as crimes from the investigative agency to the court are not consistent and inconsistent, and the circumstances are not considerably good.

However, there is no criminal punishment, and it seems that he/she is engaged in parliamentary activities in good faith without any particular misconduct except in this case, the amount received is not much, and other various sentencing conditions specified in this case, such as the defendant's age, character, conduct and environment, shall be determined like the order.

2. Defendant D

(a) The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

(b) Scope of recommended sentences according to the sentencing criteria;

1) Fraud

[Determination of Type] Fraudulent Crime 01. General Fraud / [Type 1] below 100 million won

【No Special Convicted Person】

[The scope of recommendations and recommendations] Basic Area, Imprisonment of six months to one year and six months;

2) The sentencing criteria are set for offenses of violating the Subsidy Management Act, the crime of forging private signature, and the crime of uttering of perjury.

shall not be deemed to have been

3) Scope of other recommended sentences for handling multiple crimes: Imprisonment for not less than 6 months;

(The crimes whose sentencing criteria are set and the crimes whose sentencing criteria are not set are concurrent crimes under the former part of Article 37 of the Criminal Act.

As such, only the lower limit of the recommended range of crimes for which the sentencing guidelines are set shall apply).

(c) Determination of sentence;

The crime of this case is that the defendant did not appear in the classes of the students and the changes in the contents of the project, and the education project of this case is being performed normally, and the defendant was provided with a subsidy by forging the written signature of the students and submitting the forged above attendance book. It is not easy to forge and use the signature of the students without absence, but not only can the purpose of the subsidy project be avoided, but also can not be paid a subsidy in the project where the subsidy is to be actually paid. It is not good to commit the crime because it causes the result that the act of defraudation of the subsidy with the national tax would not only disregard the purpose of the subsidy project but also cause the result that the subsidy would not be granted.

However, the fact that the crime is recognized and reflected, some of the subsidies received seems to be paid to the students and to be used as personnel expenses, etc. on September 27, 2013, including the fact that he/she was sentenced to imprisonment for October due to occupational breach of trust on September 27, 2013, and he/she was not guilty, and other various sentencing conditions specified in this case, such as the defendant's age, character, conduct and environment, are also considered, and the punishment is determined as ordered.

3. Defendant E

(a) Scope of applicable sentences under law: 50,000 won to 20,000 won;

B. The sentencing criteria are not applicable as the fine is selected.

(c) Determination of sentence;

The crime of this case is a bribe granted to a public official and the nature of the crime is not easy. However, the crime of this case is recognized as a crime, the fact that there is no other criminal record other than a fine imposed due to drinking driving, and the defendant's age, character and conduct, environment, etc., and other various kinds of punishment specified in this case, such as the order, shall be determined by taking into account the following factors.

4. Defendant F

(a) The scope of applicable sentences under law: one month to four years; and

B. The sentencing criteria are not set for the crime of signing or forging a private signature and the crime of uttering of a false investigation or signature.

(c) Determination of a suspended sentence;

The crime of this case is not that of forging and using the signature of the students who were absent from education by the defendant. However, the punishment of the defendant is suspended only once by taking into account the following circumstances as revealed in the arguments of this case, including the defendant's age, character and conduct, and environment.

5. Defendant C, G

(a) Scope of applicable sentences under the Acts: Imprisonment with prison labor on January 15 to September 15; and

(b) Scope of recommended sentences according to the sentencing criteria;

(1) Class 1 crime (Indecent act by compulsion)

[Determinations of Type]

[Types of General Indecent Acts

[Special Convicts] Reductions: Non-Punishments

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to one year

(2) Class 2 crime [Violation of the Punishment of Violences, etc. Act (joint injury)]

[Determination on Type 1] General Bodily Injury to Violence Crime 01.

[Special Convicts] Reductions: Fluor (including serious efforts to recover damage)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from 2 months to 10 months

(3) The scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two months to one year;

(1) The maximum limit of crimes + 1/2 of the maximum limit of crimes

(c) Determination of sentence;

The crime of this case was committed by the Defendants by assaulting the victim, who is an acting driver, and committing an indecent act by force. In light of the motive and background of the crime, and the subject and method of the crime, etc., the nature of the crime is considerably poor. Defendant G was punished by a fine in 2013; Defendant G was punished by a fine by assaulting an acting driver in 2013. Defendant C was punished by a fine in violation of the Punishment of Violences, etc. Act (at night) in 2004. This is disadvantageous to the Defendants.

However, the defendants recognize and reflect the crimes, there is no record of punishment for sex crimes, and the victim does not want the punishment of the defendants under an agreement with the victim. Considering the favorable circumstances that the victim does not want the punishment of the defendants, the defendant's age, character and conduct, environment, etc. as well as the various sentencing conditions specified in the instant case, the punishment as ordered shall be determined by taking into account the following factors:

Registration and submission of personal information

Defendant C and G are subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and they are obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act (On the other hand, considering the above crime which caused the registration of personal information and the other crime committed, the severity of the crime, etc., in this case, it is judged that it is not necessary to set a short-term period more than the period according to Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, but the period of registration of personal information should not be shortened to the reduction of the period of registration of personal information).

The non-guilty part (the fact that Defendant B, C violated the Act on Fraud and Subsidy Management)

1. Summary of the facts charged

(a) Structure of business;

The Busan Regional Employment and Labor Agency, an agency affiliated with the Ministry of Employment and Labor, has publicly announced the "public invitation for local job creation support projects (basic local government support projects) around December 9, 2014." The above project is a consortium representative agency, a non-profit organization related to local employment, which is a non-profit organization within the Gyeongnam-do as a project implementer, and finds and proposes a project suitable for local characteristics with the aim of creating jobs, promoting employment, and developing skills of local residents, which is established in the above Changwon-si Office, with the aim of promoting the job creation of local jobs in the 2015, the Committee for the Selection of the project eligible for subsidies after deliberation from the "Committee for the Examination and Selection of the Job Creation Support Projects for the Gyeongnam-si District Employment and Labor", and the competent employment and labor office determines the job creation support projects related to the implementation of the project with the basic local government and the project execution agency, which is the basic local government and the local government, which is 10% of the total project expenses.

(b) Process of implementing the project;

Defendant B contributed to the revitalization of the regional economy and the development of local communities, and for the purpose of promoting mutual friendship and friendship among members, Defendant B was the chief vice-chairperson from January 1, 2014 to December 31 of the same year, from January 1, 2015 to December 31 of the same year. Defendant C was the executive secretary general from around January 1, 2014 to around December 31 of the same year, from around December 31, 2015 to around the same year. Defendant C was the executive secretary general from around January 1, 2014 to around December 31, 2015.

Defendant B (hereinafter referred to as the “instant educational project”) proposed that Defendant A, who was a member of the Yangsan City Council around the early December 2014, would be a representative organization, to conduct the instant educational project in the form of consensus by designating the Yangsan City Industrial Association as a business execution organization for the implementation of the instant educational project in the form of agreement, among the support projects for the creation of jobs tailored to the said creative branch office in 2015 among the support projects for the creation of jobs for regional customized to the said creative branch office.

Accordingly, on December 2, 2014, Defendant A introduced Defendant B to Defendant B as an employee to take charge of preparing a proposal for projects to support the creation of dancing jobs in line with the practice of the instant educational projects and the region (hereinafter referred to as “project proposal”), and Defendant B decided to appoint Defendant B as an employee of the Yangsisi Industry Federation and promote the project.

(c) Illegal receipt of subsidies and defraudation following the submission of false documents - Defendant B and C;

On December 2014, Defendant B received the form of “pre-inspection of enterprises” (hereinafter referred to as “pre-inspection document”) and “(g) agreement on the business of the Gyeyang Industrial Federation of Gyeyangsan City” (hereinafter referred to as “business agreement”) from A, which is a document to be attached to the instant educational project proposal, from Defendant B. However, Defendant C did not receive many written surveys and business agreement from the companies belonging to the Yangsan Industrial Association, and the Defendants conspired to prepare and submit the said documents at will. Accordingly, on January 1, 2015, Defendant C prepared ten copies of the business agreement to the employees belonging to the Seocho Industrial Association and prepared the remainder of the survey document and the work agreement by one of the following methods.

After January 5, 2015, the Defendants, through Defendant D, deemed it necessary to provide 3D printing prior education to new members. The Defendants submitted the project proposal to the effect that they should preferentially select the human resources who have been excellent through the program for supporting the creation of jobs customized to the region. The aforementioned project proposal was accompanied by 17 questionnaire and 12 of the Work Agreement. As above, the Defendants, as the above, issued the victim’s local government subsidies to support the creation of jobs customized to the area south of Busan District Office in 10, 100, 100, 100, 100, 300, 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000.

As a result, the Defendants received KRW 172, 354, and 00 in total as subsidies from the Busan Regional Employment and Labor Office for the victims of the program, and at the same time, received KRW 154, 932,00 in a false application or by any unlawful means outside of the program.

2. Determination

A. Part on fraud

(1) Relevant legal principles

Fraud is established by deceiving others, leaving them into mistake, and thereby inducing the defrauded to perform a dispositive act, thereby obtaining property or pecuniary advantage. Therefore, in order to establish a fraudulent act, there is deception by the actor, mistake by the victim, act of disposal in consequence thereof, and acquisition of property or pecuniary advantage by the actor, etc., and the causal link among them should exist (see Supreme Court Decision 2000Do1155, Jun. 27, 200, etc.).

Degnating as a requirement for fraud refers to all affirmative or passive acts that have to observe each other in the wide sense of property transaction, and that have breached good faith (see Supreme Court Decision 83Do1013, Jun. 28, 1983, etc.).

In addition, insofar as the criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, is not a confession of the defendant, it shall be determined by taking into account the objective circumstances such as the criminal history, environment, contents of the crime, process of transaction, relationship with the victim, etc. (see Supreme Court Decision 2013Do1203, May 16, 2014, etc.).

(2) Specific determination

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is difficult to view that the Defendants conspired to make a part of the work agreement, and submit it to the education project proposal of this case, thereby deceiving the members of the examination selection committee, and received subsidies from the victims to the extent that it is proven that the education project of this case was selected as a subsidy support project, and received subsidies from the victims.

A) An act of arbitrarily preparing and submitting documents related to the selection of a subsidy support program as if it were duly prepared and completed, in itself, constitutes an act contrary to the duty of good faith. However, considering the following circumstances, it is difficult to readily conclude that the Defendants voluntarily prepared and submitted some of the questionnaires and work agreements attached to the project proposal are selected as a subsidy support program, and that the education project in this case is either determined or important.

① Documents to be submitted at the time of applying for a job creation support program, which is a subsidy support program, are documents that can verify the substance of the participating organization in the case of a consortium participating agency, including a project proposal, a summary of the support program, a project plan, a budget management plan, an internal agreement and a written consent including the responsibility and role with the consortium participating agency, and an internal agreement and a written consent for project participation (5 pages of the invitation of a local government for a job creation support program, which is customized for the region in 2015).

However, a survey document and a work agreement are merely documents to confirm the contents of the project proposal of this case and do not necessarily submit them, in order to grasp what the necessary education is conducted by the enterprise, and to support human resources trained through the same education with human resources in the Convention enterprise.

② The criteria for the examination of selection of job creation support projects are composed of response points to regional demand (30 points), project performance ability, partnership (30 points), project strategy (20 points), expected effects (20 points), additional points (20 points), and selection within budgetary limits after determining the order of priority, excluding one highest and lowest points, among eight evaluation points of eight members of the Committee for the Selection of Mental History, and such selection shall be excluded from the selection if the average is less than 60 points. The education project in this case is not an average of 22 points, project performance capacity, partnership average of 20 points, 12 points, average of expected results, 5 points, and average of 71 points, 6 points, and 71 points as an average of the project proposal, and there is no other objective evidence that the head of the Committee selected the project in this case as a subsidy within the scope of budget after determining the order of priority.

1. Furthermore, even if the forged documents are excluded, it seems possible to confirm the contents of the instant educational project proposal to contribute to enhancing the employment rate by providing the necessary education to the Convention-based enterprises, i.e., the remaining documents, i., the questionnaire 23, and 38 copies of the Work Agreement.

(B) It is difficult to see that the Defendants have the criminal intent to obtain fraud.

① In addition to recognizing the fact that the Defendants ordered P to prepare ten copies of the business agreement at will, the Defendants denied the fact that the Defendants voluntarily prepared the remaining documents (in addition to the business agreement, Chapter 2, the questionnaire, and Chapter 17), and there is insufficient evidence to acknowledge that the said Defendants forged the remaining documents.

1 ② The executing body of the instant educational project is the Yangsan City Industrial Association, but in fact, the project proposal was prepared, and the practice of carrying out the said project was in charge of Defendant D, which was introduced by Defendant A to the said Federation. The Defendants appear to have not closely examined the project proposal, and the Defendants appears to have served as a formal role, such as attaching the official seal of the Yangsan City Industrial Federation, or accompanying the instant educational project proposal to the mass viewing.

③ Although the Defendants were requested by Defendant D to prepare a work agreement and a survey document, the Defendants seems to have not been well aware of the specific reasons for attaching the survey document and a work agreement to the project proposal.

④ Subsidies granted to Defendant D, a working-level employee, were provided as a subsidy, and the Defendants did not appear to have used the said subsidy at will.

B. Violation of the Subsidy Management Act

Article 40 of the former Act on the Budgeting and Management of Subsidies (amended by Act No. 10898, Jul. 25, 201) refers to the affirmative and passive act that may affect the decision-making on the grant of subsidies by means of deceptive scheme or other acts deemed unfair under social norms, although it is not possible to receive subsidies through normal procedures. "Where a subsidy is granted by unlawful means, it refers to the receipt of subsidies in excess of the amount that should have been granted or should be granted to any work or project that is not subject to the grant of subsidies, and even if the subsidy was used as a means that is somewhat lacking justification in receiving the subsidy, it is difficult to view that the Defendants were granted a legitimate amount of subsidies by means of a fraudulent scheme or other acts that are deemed unfair under social norms (see, e.g., Supreme Court Decision 2016Do8419, Nov. 24, 2016). It is difficult to view that the Defendants were granted subsidies to the extent of lack of reasonable justification in receiving the subsidy by means of a prior examination on the project proposal.

3. Conclusion

Therefore, each part of the facts charged constitutes a case where there is no proof of crime, and thus, is pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, and is decided as per Disposition by publicly announcing the summary of innocence in this judgment pursuant to Article 58(2) of the Criminal Act

Judges Park Young-young

Judges Kim Dong-soo -

Judges Sulraia

1) On March 24, 2015, the creative branch of the Busan Regional Employment and Labor Office paid KRW 154, 932, and 000 for the State subsidies of KRW 154, 932, and 200. However, in the Yangsan City, the said State subsidies were paid.

On March 10, 2015, before receiving the early payment, the National Subsidies 33, 984, 000, Si Subsidies 8, 711, and 000 won with the primary subsidy to the Gyeyang Industrial Federation.

Along with the reasons why 0 persons in charge of mass viewing jobs should begin promptly, the City's budget to hold national subsidies as the City's budget is required to begin the project.

I stated that the amount was first paid (Evidence No. 1182 pages).

2) The sentencing criteria shall not apply to fines.

List of Offenses

A person shall be appointed.