beta
(영문) 대구지방법원 상주지원 2012.11.06 2011고단733

보조금의예산및관리에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, rhythizing the facts charged without changing the indictment and recognizing the facts charged.

In the facts charged, the phrase “ June 29, 2009.” and “ May 25, 2010.” appears to be a clerical error in each of the phrase “ June 30, 2009.” and “ May 24, 2010.” in light of evidence (such as investigation record 473 pages, etc.).

The defendant is a representative director of the C Corporation and a person who operates the said Corporation at the time of literature and longitude.

No person shall receive subsidies by making any false application or by other unlawful means.

On June 18, 2009, the Defendant incorporated C corporation with Defendant, D, E, F, and G as a shareholder. Among the shareholders of the above partnership corporation, E, F, and G merely lent their names, and D did not have the ability to prepare 300 million won of the above corporation’s contribution according to the above subsidized project because it did not participate in the operation of the above corporation. The Defendant was able to receive the State subsidy first with a hidden mind that the Defendant did not have the ability to bear the burden.

On June 25, 2009, the Defendant submitted a business plan to use 700 million won and 300 million won for new construction of a workplace, manufacturing and packing facilities, etc. even though he did not have the ability to prepare his own burden, and submitted an application for a subsidy to be used by the above partnership corporation as a business operator of the H Center around June 26, 2009, and received a decision to grant the subsidy.

The Defendant received 350 million won of the first subsidy on June 30, 2009 and 350 million won of the second subsidy on May 24, 2010, respectively, in the name of the said juristic person, by false application or other unlawful means.

Summary of Evidence

1. Each protocol of examination of the suspect against the defendant and J by the prosecution;

1. Each police suspect interrogation protocol against the defendant and J;

1. Each police statement on D, G, K, E, F, L, or M;

1. A report on investigation (148 pages of investigation records);

1. Investigation records of the relevant documents, such as the application for delivery;