(영문) 서울고등법원 2018.4.3. 선고 2017누87458 판결

The Defendant’s disposition on March 29, 2016 against the Plaintiff: ① Recovery of subsidies in violation of the Social Welfare Services Act of KRW 2,100,000 on the payment of trading and life-saving gifts and transportation expenses for corporate executives; ② Payment of two-month benefits to the human resources in support projects for the promotion of organizations with disabilities in 2014; and each corrective disposition on the payment of two-month benefits to the human resources in support projects for the promotion of organizations with disabilities in 2014.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of the first instance judgment

The grounds for the Defendant’s assertion in the trial are not different from the allegations in the first instance trial, and the judgment of the first instance court, which was accepted at the Plaintiff’s request, is recognized as legitimate even after examining the submitted evidence together with the assertion of the evidence. The reasons for this case are as follows: “No. 9 of the first instance judgment, No. 4 of the first instance judgment, No. 2016, No. 1826 of the first instance judgment, “No. 2016, No. 1836 of the fifth 5, Dec. 18, 2016,” and “No. 4 of the fifth 5, Dec. 28, 2016,” and “No. 2017Do17198 of the Criminal Procedure Act,” and “No. 14 of the sixth 5, No. 2017, Dec. 27, 2017,” respectively, the Prosecutor’s appeal (Supreme Court Decision 2017Do17198).

2. Conclusion

Thus, the plaintiff's claim of this case is accepted on the ground of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed on the ground of its ground.