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(영문) 대구지방법원 경주지원 2013.06.28 2012고합166

특정경제범죄가중처벌등에관한법률위반(배임)

Text

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year and six months.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. From March 31, 2008 to August 5, 2010, Defendant A, who was in charge of the position of the head of the division in the G from March 31, 2008 to from August 5, 2010, was in charge of the above business, such as selecting a subsidized business operator of the H Support Project in 2010. Defendant B, from January 25, 2007 to January 25, 2007, was appointed as a person in charge of the said business as H Support Project in the above 2010. Defendant C was a person who was appointed as the representative director of the said business on March 16, 2010.

2. Where the Defendants wish to implement a project to provide subsidies in the course of performing their duties, a public official in charge shall give a fair opportunity to the project implementer by conducting a demand survey, etc. against the project implementer, and shall closely examine the application documents of the project implementer and determine whether to provide subsidies in consideration of the project cost adequacy, profit possibility, etc., and also secure the budget in accordance with appropriate methods and procedures, and implement the budget by examining the appropriate rate of subsidy and self-payment according to the standard and basis.

3. Defendant A, around February 2009, requested that Defendant C establish H around KRW 5 billion as the H support project in 2010 when Defendant C’s public offering relation was requested by Defendant C to provide support for the establishment of H.

Defendant

A rejected C’s request on the ground that project costs, etc. are excessive compared to other subsidy grant projects, but upon Defendant C’s continuous demand, Defendant C’s above request for subsidy was accepted, and there is a support project that the farming association corporation instructs Defendant B to be appropriate and requested as a subsidized project operator of the above support project.