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The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. Since CDo or C, which is the subject of subsidies, was granted subsidies to D (hereinafter “D”), regardless of the existence or scope of self-paid charges, by mistake of facts or misapprehension of legal principles (as to the fraud among the facts charged in the instant case), CDo or C also deceiving the Office of Education even though the Defendants submitted a false statement of matters concerning self-paid charges on the application for subsidies.
There is no proximate causal relationship between the act of deception and the payment of subsidies.
Nevertheless, the court below found the Defendant guilty of this part of the facts charged on a different premise. The court below erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
B. Each sentence of the lower court (one year of imprisonment to Defendant A and ten months of imprisonment to Defendant B) against the Defendants on unreasonable sentencing is too unreasonable.
2. Judgment on the misunderstanding of facts or misapprehension of legal principles by the Defendants (based on fraud)
A. The summary of the facts charged is the person who held office as the representative director of D, a daily newspaper company in the district of C from May 1, 2007, and has overall control over the operation of the company. Defendant B is a person who works as the director general of D's management bureau and has been in charge of all affairs related to the subsidy project.
around November 201, Lindo Office of Education submitted an application for the grant of subsidies to hold “201 M Games” to public officials in charge at Lindo Office of Education, and the Defendants paid KRW 8,434,830 as their own contributions, and paid KRW 22,00,000 as their subsidies for trial expenses, sports supplies purchase expenses, event progress expenses, etc.
‘A’ submitted a business plan with the content of the plan.
However, in fact, the items that the defendants would bear as the self-charges are covered by the subsidies of Cdo or used for purposes other than those of the subsidies.