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The judgment below
The part against the Defendants is reversed.
Defendant
D. E shall be punished by a fine of KRW 3,000,000.
Reasons
1. The court below found Defendant D and E guilty of violation of the Act on the Budgeting and Management of Subsidies and the violation of the Act on the Budgeting and Management of Subsidies, which are the facts charged against Defendant G Forestry Cooperatives, and sentenced the Defendants to a fine of KRW 5 million. The Defendants appealed on the entire judgment of the court below on the grounds of misunderstanding of facts and misunderstanding of legal principles, and dismissed the Defendants’ appeal to the purport that the court prior to the return was guilty of all the facts charged against the Defendants.
Therefore, the Defendants appealed to the entire judgment of the court prior to the remand, and the Supreme Court did not have any merit in the grounds of appeal by Defendant D and E as to the fraud of Defendant D and E, but there is any error of law that affected the conclusion of the judgment by misunderstanding facts in violation of logical and empirical rules as to the Defendants’ violation of the Act on the Budgeting and Management of Subsidies. In the case of Defendant D and E, since the parts of Defendant D and E are sentenced to a single sentence for concurrent crimes with the remaining conviction, the judgment of the court below prior to the remand should be reversed in its entirety, and remanded to this court.
2. Summary of grounds for appeal;
A. As to the violation of the Act on the Budgeting and Management of Subsidies, in relation to the instant forest tending project implemented by Defendant G Forestry Cooperatives, the said forestry cooperative did not act on behalf of or have been entrusted to it pursuant to the Creation and Management of Forest Resources Act, but entered into a contract with G. Accordingly, the Defendants did not have any awareness or intent to receive subsidies as provided by the former Act on the Management of Subsidies (amended by Act No. 108989, Jul. 25, 201; hereinafter “the Subsidy Act”) and did not follow the procedures for granting subsidies under the Subsidy Act.