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The judgment below
The part against the defendant shall be reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal is that the Defendant paid at R’s expense an amount exceeding KRW 40 million, which is the actual obligation amount, due to installation of retaining walls, helicopter transport expenses, personnel expenses, food expenses, etc., which were essential to the Defendant’s repair works (hereinafter “construction works subject to subsidies”).
However, as the Co-Defendant and the constructor of the court below recommended A as a practice in the industry, they would receive 40 million won from A to transfer it to P Co., Ltd. for convenience, and submit a copy of the head of the Tong containing the above deposit amount to the P Co., Ltd. to produce evidence of the amount equivalent to the self-paid.
Nevertheless, the judgment of the court below that found the defendant guilty on the ground that the defendant obtained the subsidy by deception and obtained the subsidy by fraudulent means is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
2. Determination
(a) In order for temples selected as eligible to receive subsidies in connection with the project for the repair of traditional temples with the summary of the facts charged to be subsidized, the portion exceeding 80% of the subsidization rate (40% of the national subsidy, 20% of the Do subsidy, and 20% of the local subsidy) must be borne by them.
As the recognition of R, the Defendant, in collusion with Co-Defendant A, a construction business operator, agreed not to bear the Defendant’s own contributions while entering into a contract for repair works of a traditional temple with A, provided that in order to create the basis for the payment of the Defendant’s own contributions to receive subsidies, A made a prior deposit of the Defendant’s own contributions into the Defendant’s account, made use of the materials as to the ability to pay the self-charges, and then, upon the decision to pay the subsidies, A again made
As a result, A shall submit an application for subsidy to the staff in charge of money in his name, along with a transfer certificate, etc. as if the defendant actually bears his own share on June 2013.