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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. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too unreasonable.
2. The crime of this case is a false document and received a large amount of government subsidies for the benefit or convenience of the company that it operates, and thus the nature of the crime is not less severe. However, considering that the defendant only has been punished three times by a fine for this type of crime and is irrelevant to the operation of the company, the defendant seems to have faithfully operated the company without any particular problem before the crime of this case is committed. It is revealed that the defendant did not return the subsidy received unlawfully by the court below and the court below, and used it for the operation of the company. Above all, the defendant returned the total amount of the subsidy received unlawfully by the court below and the court below, and returned the subsidy received by the defendant to the court below and the court below, and did not repeat again with his mistake, taking into account other factors of sentencing as shown in the records, such as the defendant's age, character, conduct and environment, it seems that the punishment of the court below against the defendant is too unreasonable.
3. In conclusion, the part of the judgment of the court below against the defendant is reversed in accordance with Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and this part is remanded to the court below as follows.
Criminal facts
The summary of the criminal facts and evidence against the defendant recognized by the court is identical to the corresponding column of the part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Attached Nos. 1 through 27 of the list of crimes: Article 40 of the former Act on the Budgeting and Management of Subsidies (amended by Act No. 10898, Jul. 25, 2011; and Article 40 of the same Act (amended by Act No. 10898, Oct. 26, 201) is a statutory penalty.