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(영문) 대전지방법원 서산지원 2019.06.19 2018고단1427

보조금관리에관한법률위반

Text

A defendant shall be punished by imprisonment for 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

The Defendant is a person who operates a “A”-based D cafeteria in the Chungcheongnam-gun, Chungcheongnam-do, and has been designated as a preliminary social enterprise, and has received subsidies from the Taean-Gun Office for the purpose of subsidizing the personnel expenses of employees.

In spite of the fact that no one receives or receives subsidies or indirect subsidies by false application or other unlawful means, the Defendant had been willing to receive subsidies by deceiving the relevant employee, such as the details of remittance, even though he/she had paid or worked for an employee who did not work in the aforementioned D restaurant, and even if he/she had received the full or partial return of the above amount, he/she did not receive the subsidies by deceiving the relevant employee of the Taean Military Administration.

around November 10, 2017, the Defendant remitted KRW 1,324,840 to E working as an employee in the above D restaurant with KRW 280,00,00 in excess of the actual wage, and remitted KRW 1,297,765 to F who does not work in around October 2017, the Defendant submitted an application for social enterprise job creation subsidies (monthly 2017) to the Taean-Gun Office around October 27, 201, submitted the above account details and the attendance record, etc. of the above employees who made a false entry into the above account and received KRW 3,587,450 in the G Bank account (H) managed by the Defendant from November 29, 2017 to August 27, 2017; and received KRW 3,587,450 in total and KRW 950 in attached Form 385,50 in the form of unlawful subsidies.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police officer to I;

1. The Defendant was not guilty, since he had no criminal intent to receive subsidies by unlawful means, and the subsidies received were used as restaurant operating expenses, etc., as the financial support status, details of the subsidies, details of the JAC account, and details of the GB account.