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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, Defendant B did not discuss the issues such as the Chairperson of the Residents' Representative Meeting F, etc., and the person charges for the projects related to “J” due to the late attendance at the resident representative meeting held on January 15, 2013, and Defendant C only submitted the tax invoice in accordance with the given duties, which should be left around April 29, 2013 after the consultation on the said projects was completed. As such, the Defendants did not intend to obtain the subsidies for the said projects in collusion with F, etc. or take part in the crime.
B. The sentence that the lower court sentenced the Defendants (Defendant B: a fine of 2 million won, Defendant C: a fine of 1 million won) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged is that A is the general secretary of the Incheon I apartment occupant representative meeting; Defendant B is the managing director of the above apartment occupant representative meeting; Defendant C is the person who works as the managing director of the above apartment management center from May 2013 to September 16, 2013.
When the Defendants came to know that subsidies were granted to 70% of the construction amount in connection with the “J” project implemented by Incheon Metropolitan City in collusion with A, F, G, and H, the Defendants requested an increased amount of money than the above amount as the construction amount and conspired to implement the construction work without the person’s charge, even though the actual construction cost takes approximately KRW 40,000,000,000.
Therefore, on January 8, 2013, the Defendants submitted documents, such as a false business plan, etc. stating as if construction cost of KRW 56,728,00 (self-paid 16,728,000) in relation to the “J” business, and subsequently acquired subsidies equivalent to KRW 40,00,00 after submitting a tax invoice, construction completion statement, etc. around June 2013.
B. The lower court determined as follows, based on the evidence duly adopted and examined by the lower court.