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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor of one year and two months, and each of them shall be punished by imprisonment with prison labor of one year and one year.
(b).
Reasons
1. The summary of the grounds for appeal against the Defendants (e.g., imprisonment with prison labor of one year and six months, Defendant B, and C: one year and two months) are too unreasonable.
2. The judgment fraud of subsidies brings about insolvency of subsidy projects executed by the State or local governments, makes the finances of the State or local governments insolvent, and eventually makes it an end up to the citizens, and the fact that the subsidies acquired by the Defendants are larger than KRW 360 million is unfavorable.
On the other hand, Defendant A, in the investigative agency, recognized Defendant B and C as the crime of this case and against it in this court, Defendant A and B deposited each of the 180 million won in this court and recovered the total amount of the acquired money, and Defendant D, the representative of the E-Fishing Union, led all of the crimes of this case (the total project cost of KRW 1.5 billion, subsidy of KRW 900 million, and self-payment of KRW 600 million). After the first subsidy (the total project cost of KRW 1.5 billion) was paid to the above union, the Defendants did not participate in the crime of this case in sequence in accordance with D’s proposal and did not focus on the degree of participation compared to D. The Defendants did not have any significant profit derived from the crime of this case, and the Defendants did not have any criminal record exceeding the same kind of criminal record or fine.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, the Defendants’ age, character and conduct, environment, and the sentencing of D already punished, etc., the lower court’s punishment against the Defendants is deemed unreasonable as it is unreasonable. Therefore, the Defendants’ assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled as follows.