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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 5,000,000.
Defendant .
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (for defendant A: 10 years of suspended sentence in October, and for defendant B: 5 million won in fine) is too unreasonable.
2. Determination
A. The fact that the Defendant’s judgment as to Defendant A’s assertion is not a large amount of subsidies obtained by deception or fraudulent supply and demand, and the above crime of defraudation and fraudulent supply and demand of subsidies not only leads to the excluding the purpose of the subsidy project and preventing the payment of subsidies for the project that should be actually paid, but also ultimately causing damage to the entire nation by making public finance insolvent, which is disadvantageous to the Defendant.
However, considering the favorable circumstances, such as the fact that the defendant made a confession of late crime and divided his mistake, that the defendant has not been punished for the same crime, that the defendant paid the full amount of refund according to the subsidy recovery measure, that the subsidies that the defendant received by the defendant was used as personnel expenses of the worker in question and that the defendant did not appear to have acquired or consumed at will, and in light of other circumstances shown in the records and arguments, such as the defendant's age, sexual behavior, environment, motive or circumstance of the crime, and circumstances after the crime, the punishment sentenced by the court below is too unreasonable.
B. The crime of defraudation and fraudulent supply of and demand for subsidies as to Defendant B’s assertion causes not only the purpose of the subsidy project but also the result that the project for which the subsidy is to be actually paid is likely to cause damage to the entire nation by making public finance insolvent, and the nature of the crime is not good, but also all the sentencing conditions specified in the records and arguments of this case, such as the background, means and consequence of the crime, and the circumstances after the crime.