beta
(영문) 춘천지방법원 영월지원 2020.05.12 2019고단461

보조금관리에관한법률위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 11, 2018, the Defendant was sentenced to a suspended sentence of two years for one year in imprisonment with prison labor due to a crime of attempted fraud, etc. at the Youngcheon District Court’s Yeongdeungpo Branch, and the judgment became final and conclusive on September 19, 2018.

【Criminal Facts】

An indirect subsidy program operator shall implement an indirect subsidy program with due care as a good manager according to the purpose of granting statutes and indirect subsidies, and shall not use the indirect subsidy for any other purpose.

On January 8, 2018, the Defendant applied for the “B business” subsidy to the Defendant’s Young-gun Office around February 8, 2018, and was selected as a subsidized business operator. On May 18, 2018, the Defendant applied for subsidies of KRW 29,217,600 from May 31, 2018 to June 29, 2018, and embezzled KRW 28,462,810 from May 31, 2018 to the Defendant’s agricultural bank account, while the Defendant used KRW 1,90,000 as the Defendant’s work price around May 31, 2018, and used KRW 22,60,300 as stated in the attached list of crimes until June 29, 2018, and used the indirect subsidy for any other purpose at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. As a result of conducting subsidies, a business trip report, a business trip report, a report on performance status, a confirmation of receipt, a request for subsidies, a business plan, a decision on granting subsidies, a criminal investigation report (in relation to attachment of evidentiary materials to suspect), and accompanying documents, each investigation report (in relation to the E business owner, F and G, H, and I telephone conversations), a detailed statement of deposit transactions (No. 39,52 in order), an investigation report (in relation to the lease contract, written consent, and permission for occupancy and use of rivers, etc.);

1. Previous convictions: References to criminal records, references to criminal records, court rulings, and other Acts and subordinate statutes;

1. Subparagraph 1 of Article 41, Article 22 (2) of the Act on the Management of Subsidies for Assistance in the Act on the Management of Relevant Acts on Criminal Facts (the use of indirect subsidies for any purpose other than the original purpose), and Article 355 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;