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(영문) 서울남부지방법원 2018.08.16 2018고정397

보조금관리에관한법률위반

Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who was the representative of E Co., Ltd. in Chungcheongnam-gun, Chungcheongnam-gun.

No person shall receive any subsidy or indirect subsidy by filing a false application or by any other unlawful means.

Nevertheless, the Defendant came to know that he could receive subsidies from the employment center when he/she came to know that he/she had an intern employee employed and work as an intern employee by concluding a internship agreement with an operating institution that is entrusted with the business by implementing a small and medium enterprise employment internship program in the Ministry of Labor (employment center). From January 28, 2013, the Defendant prepared a document as if he/she had an employee who had already been employed and worked as an intern employee through a lawsuit of the relevant fact-finding conference, which is the operating institution, to receive a subsidy, and applied for a document as if he/she had an intern employee work as an intern employee, and received a subsidy by unlawful means.

On December 2013, the Defendant, who had already employed and worked in advance at the above Defendant’s office, was arranged by the Council of the Korean Film Council at the conference of the Korean Film Council. On February 5, 2013, the Defendant: (a) prepared relevant documents; and (b) submitted them for the litigation at the Council of the Korean Film Council; and (c) unlawfully received 3,200,000 won subsidies from the Employment Center of the Japanese Film Council.

Accordingly, the Defendant received KRW 3,200,000 from the Employment Center in the astronomical Employment Ministry of Labor, which believed the content of the application in a false application or unlawful manner, for four months from February 5, 2013 to June 4, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to internal investigation reports (attached to investigation data and application data, etc.);

1. Article 40 of the pertinent Act and the former Subsidy Management Act (amended by Act No. 13931, Jan. 28, 2016) regarding criminal facts and the selection of fines

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

1. The Criminal Procedure Act of the Provisional Payment Order.