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(영문) 대전지방법원 2013.09.27 2013고정159

보조금관리에관한법률위반

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Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged is the representative director of Defendant B (hereinafter “Defendant B”) who operates a sanatorium for the aged in the Jung-gu Daejeon-gu.

Defendant

A around April 25, 2011, in order to change the contents of a subsidy program to the second and third floor extension work from the first and second floor extension work, a person applying for the extension of the G Care Center (the number of accommodation capacity of 30, 1,208 square meters, project cost of 774,52,000 square meters, project cost of 778 square meters) which is a welfare facility for senior citizens on the land above the 11st floor of the Jung-gu Seoul Special Metropolitan City, Jung-gu, Daejeon Special Metropolitan City, for the function reinforcement work from the National Treasury in 2012. In order to change the contents of the subsidy program to the second and third floor extension work, a person who was notified of the budget confirmation, completed the charnel construction work for the first floor of the medical care center around November 201, and obtained a building permit for the second and third floor to the 3708 square meters on March 22, 2012, filed an application for the alteration of the subsidy program without the approval of the plan.

Defendant

B A, a representative of the social welfare foundation, violated the contents of the subsidized project without approval as above.

2. The Defendants filed a public prosecution by applying Article 42 Subparag. 1 of the Act on the Management of Subsidies (hereinafter “Act”) on the ground that the Defendants violated Article 23 of the Act.

Article 23 of the Act provides that "a subsidy program operator shall obtain approval from the head of a central government agency to change the details of a subsidy program or to change the distribution of expenses incurred in relation to a subsidy program due to a change in circumstances, and Article 42 subparagraph 1 of the Act provides that "a person who changes the details of a subsidy program without obtaining approval from the head of a central government agency in violation of Article 23" shall be punished. A person who

The Defendants had already acquired the status of the executor of the subsidized project.