Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A Imprisonment with prison labor and fines of KRW 1,000,000.
Reasons
1. Improper sentencing for each of the reasons for appeal;
2. Determination
A. The crime of this case against Defendant A and D is deemed to meet the qualification requirements for forest project corporation by lending a forest technician qualification certificate, and the crime of this case against Defendant A and D is not likely to be committed by undermining the fairness of bidding through bidding for pine wilt disease control projects, and by acquiring government subsidies through pest control operations.
In particular, as if damaged trees were cut, photographs are replaced with labels only, and the method of crime is not good, and the price obtained by deceit and the size of the government subsidy received by fraudulent means is also reasonable.
However, according to the response letter of inquiry about each fact-finding by the head of the Jinhae Gu, the head of the counter counter, and the head of the Kimhae-si who made a confession of all crimes and reflects the mistake through detention for a certain period of time, and according to the response letter of inquiry about each fact-finding by the public official in charge, the completion inspection is conducted after the on-site inspection by the public official in charge, so the above defendant's response to each deforestation
According to the Creation and Management of Forest Resources Act, even if a forest project corporation registers by illegal means, the forest project that entered into a contract may continue to be implemented before the revocation of registration, and in light of the form of the contract and the method of payment, the above defendant had a conclusive intention on the illegal receipt of subsidies.
The lower court’s punishment against Defendant A (one year of imprisonment and one million won of fine) is somewhat unreasonable, taking into account the following factors: (a) the Defendant’s age, sexual conduct, environment, motive and means of a crime; (b) circumstances after a crime; and (c) equity with other co-defendants in the records and arguments, including the fact that the Defendant had no record of punishment, in addition to the previous criminal records of a two-dimensional fine, and there was no record of punishment.
However, according to both punishment provisions, the sentence of the court below (the penalty amounting to KRW 10 million) set against Defendant D is seen earlier.