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(영문) 광주고등법원 2018.12.20 2018누5115

보조금교부결정취소처분취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Details of the disposition;

A. The “B Village Association” is an organization consisting of about 60 households of the D Village, one of four villages in the Mari-si, Gwangju City, and the Plaintiff is a resident of the D Village.

B. From around 2007, the Defendant granted the State subsidies to improve the living environment of mountain villages and create income-based and mountain villages as the base for ecologically pleasant and scenic life, and implemented the project of creating mountain village ecological village (hereinafter “the project of this case”) with the following contents as the members of the mining village in Gwangju-si.

1. Project period: 1,462,00,000 project cost from November 1, 2012 to December 28, 2014 (i.e., 1,462,00,000 (i.e., State expenses of 1,023,000,000 Do expenses of 41,000,000 Si expenses of 398,000,000);

3. Major business contents: Installation, etc. of four private gambling groce, one toilet, one food experience facility, one drinking water supply facility, one square meter, one water play facility, outdoor advertisement (signboards), three street lamps, etc.

C. B around 2010, the Village Association organized the “D Mountain Village Development Promotion Committee” (hereinafter “Promotion Committee”) to promote the instant project, and B was selected as a subsidized project operator of the instant project in around 2011. From around 2012 to 2015, the Plaintiff took overall charge of the application for subsidies and the execution and management of subsidies for the instant project as the chairperson of the Promotion Committee from around 2012 to 2015.

Accordingly, from 2012 to 2015, the Defendant decided to grant subsidies according to the instant project to B Village Council and paid subsidies. The instant project was completed on December 28, 2014.

On the other hand, on February 23, 2016, the Plaintiff was indicted for violating the Act on Fraud and Subsidy Management for the following criminal facts, and was found guilty as a result of the judgment, and was sentenced to a suspended sentence of two years for imprisonment for six months.

(C) On January 1, 2015, the Plaintiff entered the Magyang Forest and the office of the Gwangju District Court. (3) On January 2015, 2015, the Plaintiff entered the Magyang Forest and the office.