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1. The part of the judgment of the court below against Defendant A regarding Defendant A is reversed.
Defendant
A shall be punished by imprisonment for two years.
2...
Reasons
1. The summary of the grounds for appeal (the sentence of the court below (the sentence of two years and six months, the imprisonment of the defendant E, the suspended execution of four months, the suspended execution of two years, and the main sentence) is too unreasonable.
2. Determination
A. In light of the fact that the crime of granting subsidies to Defendant A takes part in the role of a large number of people and was planned in an organized and specialized manner in advance, and that the subsidy subject to the crime is provided with the citizen's tax, and ultimately, all citizens are bound to have any damage. In particular, considering the fact that Defendant A led the crime and the amount obtained by fraud exceeds KRW 1.4 billion, there is a need to strictly punish Defendant A due to very poor nature of the crime.
However, in consideration of the favorable circumstances, such as the fact that Defendant A appears to have recognized his mistake, the fact that he contributed to regional development through the subsidy project of this case, the fact that he would have not consumed or retained criminal proceeds, the fact that there is no criminal record of the same kind, and the fact that the FF farming association, which was the representative director, created a mortgage of KRW 1,755,60,00 with respect to the real estate owned by the Defendant to the high-interest group of victims for the purpose of the reimbursement of damages, and all of the sentencing conditions of this case, such as the age, character, character, environment, circumstances and consequence of the crime of this case, etc., the sentence imposed by the lower court is too excessive, and thus, the Defendant’s assertion is justified.
B. Defendant E’s participation in the instant crime at Defendant A’s request, the fact that Defendant E does not consume or hold criminal proceeds, and the fact that Defendant E is an initial criminal with no criminal history is favorable.
However, the age of the defendant is 15 million won or less, and the fact that the defrauded does not recover any particular damage, etc. is disadvantageous, and the age of the defendant.