logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.09.06 2013노843
보조금관리에관한법률위반
Text

All appeals filed by prosecutors, Defendant C, and D companies are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C and D Co., Ltd.’s appeal 1) misunderstanding of facts revealed that P and R, who was a staff member of the chamber of commerce and industry at the time, were eligible to employ M and N, and that M and N are not eligible to receive youth internship assistance even if M and N are employed as a four-party employment insurance. Nevertheless, the lower court erred in misunderstanding of facts as to the Defendants. 2) Since Defendant D Co., Ltd is a business entity subject to youth employment internship, it constitutes a case where the amount of legitimate amount of money is paid for the business, etc. eligible to receive subsidies, and this case is not a crime.

3) The sentence imposed by the lower court on the grounds of unreasonable sentencing (Defendant C: fine of one million won, and fine of five hundred thousand won for Defendant D Co., Ltd.) is too unreasonable. B. The prosecutor’s appeal by the lower court against the Defendants (Defendant A: fine of one million won, fine of one million won for Defendant B Co., Ltd: fine of one million won, fine of one million won for Defendant C; and fine of one million won for Defendant D Co., Ltd.: fine of five million won for Defendant D Co., Ltd. is too unreasonable.

2. Determination

A. Defendant C and D Co., Ltd.’s assertion of misunderstanding of facts on Defendant C and D Co., Ltd.’s assertion of this part constitutes the assertion that Defendant C and D Co., Ltd.’s application for M and N as an intern and the receipt of subsidies is not a crime under law. As such, Article 16 of the Criminal Act provides that an act of misunderstanding that one’s act did not constitute a crime under law shall not be punishable only when there are justifiable grounds for misunderstanding. It is not just a legal site, but a general crime is generally a crime, but it is erroneous that it does not constitute a crime that is permitted under law in its special circumstances.

arrow