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(영문) 창원지방법원 통영지원 2016.09.29 2016고단917

보조금관리에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 4, 2013, 2013, the Defendant is a subsidized business operator selected as a public facility business operator with fishery products in 2013, which is the State subsidized business, and the subsidized business operator shall not use subsidies for any other purpose.

On May 13, 2013, the Defendant received on June 25, 2013, KRW 180,000,000 ( KRW 90,000,000,000,000,000,000,000,000,000,000) from the Defendant’s account under the name of the Defendant and kept on June 25, 2013 pursuant to the decision to grant subsidies by the C Gun Office on May 13, 2013, KRW 110,000,000 on June 27, 2013, and the same year;

7.1.24 million won, and the same month;

2. Each of the above fishery products used 30 million won as funds necessary for the withdrawal of the Defendant’s vessel, which is unrelated to the public facility project, to the extent that each of the above fishery products is irrelevant to the public facility project.

Accordingly, the Defendant used subsidies of KRW 89 million (the amount of government subsidies in proportion to KRW 178 million) for other purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notice of a written request for disposition of audit results and the result of comprehensive audit conducted at around 2014;

1. A copy of the bankbook and a detailed statement of transactions of admission and withdrawal;

1. Application of Acts and subordinate statutes, such as completion limits;

1. Article 41 subparagraph 1 of the relevant Act and Articles 41 and 22 of the Act on the Management of Alternative Subsidies for Criminal Facts, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, unlike the designated purpose, used the total amount paid by the defendant for the purpose of sentencing, was used as funds necessary for the withdrawal of the fleet, but all of them were returned within one week. The subsidies for the prior implementation of the project prior to the decision of the branch of the school also reflects the defendant's fault seriously, and the defendant is divided, by taking into account the defendant's age, sex, environment, circumstances leading up to the crime, means and result, etc., and the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, etc., the sentence is determined as above.