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Defendant
The appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair punishment) of the original judgment (10 months of imprisonment) is too unreasonable.
Judgment
It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects the Defendant’s mistake in depth; (b) the Defendant appears to have not consumed or retained the criminal proceeds individually; and (c) the Defendant is obliged to faithfully pay the penalty surcharge imposed on the instant illegal receipt.
However, the crime of this case is committed by deceiving the Industrial Manpower Authority and the Ministry of Employment and Labor by means of preparing and submitting false documents for a long time, and the nature of the crime is not very good. In particular, since the subsidies subject to the crime of this case were provided as national taxes, damage caused by the act of acquiring subsidies is bound to return to all citizens, damage is not recovered, and the defendant has a power to be sentenced to punishment due to fraud, etc., which are disadvantageous to the defendant.
In this context, the scope of the recommended sentence with respect to the instant fraud crime according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court is from 1 year to 2 years, from 1 year to 10 million won, from 1 year to 2 years, from 1 year to 10 million, from general fraud crimes (where the criminal administration method is very poor, or the court is accused of the fraud by deceiving the court in the trial procedure), the decision of the recommended area, the scope of the recommended sentence (1 to 2 years), and the scope of the recommended sentence (1 to 6 months), and other various sentencing conditions such as the defendant's age, character and behavior, environment, the circumstances before and after the instant crime, etc., it is not recognized that the sentence of the court below
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.