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All appeals by the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (eight months of imprisonment and two years of suspended sentence) is too unreasonable.
2. The court below seems to have used the subsidy of this case unfairly received by the Defendants as operating funds of the D Co., Ltd. for personal interests. Defendant A deposited KRW 26 million, the sum of the subsidy of this case received by the victims from the victims' Gyeongnam-do as a truster, and deposited KRW 39,50,000,000,000, which is the sum of the subsidy received by the victims from the victims E in the first instance trial, as a truster, as the sum of the subsidy received by the victims' Gyeong-do, and deposited 39,50,000,000,000,000 won, which is the sum of the subsidy received by the victims from the victims E in the first instance.
On the other hand, the following circumstances are disadvantageous.
A. At the time of the instant case, Defendant A was the representative director of D Co., Ltd. (hereinafter “D”) and Defendant B was the head of the planning office of D, and thus, Defendant A, as so-called journalist, was guaranteed the freedom and independence of the press, while taking the social responsibility corresponding thereto, and committed the instant crime.
B. Although the instant crime was committed on around three years and six months, and the sum of the money obtained by deception reaches KRW 65 million, the Defendants made a vindication to the effect that A was in the original judgment that A was in the management of D and A was only in the form of formal approval.
However, according to the records, the defendants were in a position to substantially operate D with the representative director and the head of the planning office, and considering the management status, size, etc. of D as follows, it is difficult to accept the above vindication.
1) D was in the state of around 2010 the occurrence of the instant crime and the awareness of capital erosion (the trial record 209-212 pages), and the board of directors also raise profits.