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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for six months and for four months, respectively.
except that this shall not apply.
Reasons
1. The summary of the grounds for appeal asserts that with respect to the punishment (the defendant A: six months of imprisonment, and the defendant B: four months of imprisonment) declared by the court below to the defendants, the defendants are deemed to be too unreasonable and unfair, and the prosecutor is deemed to be too uneasible and unfair.
2. The Defendants, by claiming subsidies at the time of Incheon, by means of claiming the program costs of the welfare center or the working hours of its employees, obtained the subsidies of approximately KRW 69 million on their own and approximately KRW 75 million, together with the Defendants.
It is recognized that such unfair receipt of subsidies is likely to undermine the soundness of the subsidy project and cause the failure of the national finance, and that the crime is not good, and that the defendants acquired large amount of subsidies over a long period of more than five years.
However, it is recognized that the Defendants led to the confession of all crimes and reflects the mistake, the amount equivalent to the subsidies obtained by the Defendants are used for the welfare center, and the Defendants returned the total amount of subsidies obtained by the Defendants in Incheon from E to which they belong to the court below, and thereby the damage was restored. Defendant B agreed to repay approximately KRW 45 million to E in the future, where the degree of participation by the employees of the above welfare center is relatively minor and the degree of participation is relatively minor.
In full view of such circumstances as the Defendants’ age, character and conduct, the motive, means and consequence of the instant crime, and the circumstances after the crime, the lower court’s punishment is somewhat heavy.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is well-grounded. The prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendants' appeal, so the prosecutor's appeal is not dismissed separately.