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(영문) 울산지방법원 2014.09.23 2014고정1249

보조금관리에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the Chairperson of the Ulsan Metropolitan City D Service Association, an incorporated organization located in Ulsan-gu C, and Defendant B is the above C Service Bureau.

On April 12, 2013, the Defendants reported that they would visit culture for persons with disabilities four times in Ulsan Metropolitan City with disabilities and received KRW 4,200,000 as subsidies.

1. On October 15, 2013, the Defendants conspired to conduct a “third-party disabled cultural exploration project” of KRW 1,590,000 for approximately 25 persons, including the disabled and volunteers belonging to the citizen’s day care center for the disabled. However, as if the Defendants conducted a “third-party disabled cultural exploration project” subsidized by the Korea Federation, the Defendants made a false report on the actual results of the subsidized project by obtaining a false receipt of KRW 90,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

2. On November 19, 2013, the Defendants conspired to make a false report on the settlement of subsidies and submit a false report on the performance of the subsidized project to the Busan Metropolitan Government Self-Governing Administration by submitting it to the following: (a) even though the Defendants did not pay fuel expenses for 500,000 won per 10,000 won for each 4th disabled cultural exploration; and (b) the Defendants did not pay fuel expenses for 10,000 won for each 50,000 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement related to G and H;

1. Data concerning the settlement of subsidies from Ulsan Metropolitan City, the current status of execution of subsidies, documents concerning disbursement, food receipts, disbursement resolution of vehicle rents, receipt of vehicle rents (No. 15 through 20 items of evidence);

1. Application of Acts and subordinate statutes to a resolution on fuel expenditure, a receipt on fuel expense (Evidence Nos. 31, 32);

1. Article 42 subparagraph 4 of the Act on the Management of Subsidies for Criminal Facts and Article 27 of the same Act;