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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of three million won.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. In March 2014, when entering into a contract for the supply of goods with Co-Defendant A (hereinafter “instant contract”), the Defendant was unaware of the fact that the instant contract was a project being promoted with subsidies from Chungcheong City, and the Defendant was merely aiding and abetting the crime of obtaining A’s subsidies and receiving subsidies, and there was no intention of conspiracy.
Nevertheless, the judgment of the court below convicting the Defendant of this part of the facts charged in collusion with A, is erroneous in the misapprehension of legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and one year of suspended execution) is too unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. The summary of the facts charged was that the Defendant: (a) concluded the instant contract with the co-defendant A who was selected as a subsidy program operator for manufacturing and processing agricultural products in 2014; (b) returned KRW 70 million out of the amount to be borne by A; and (c) conspired to receive subsidies by excessively appropriating the delivery rate.
Accordingly, the Defendant and A around August 2014 submitted a written request for subsidy to the staff in charge of shocking the victim's name by submitting the written request for subsidy to the staff in charge of shocking the victim's name, accompanied by a deposit certificate, a copy of passbook and a false tax invoice, estimate, and a delivery certificate stating KRW 146,750,000 as if they were paid to the J, and then received KRW 210,000,000 from the victim as subsidy on October 21, 2014, and subsequently received KRW 210,000 from the victim as subsidy, and returned it to the L’s new account. In fact, the Defendant paid KRW 74,50,000,000 to the L's new account.