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(영문) 인천지방법원 2020.09.25 2019노2041

업무상배임등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the case of G Cultural Institute (1) After having taken office to the head of G Cultural Institute, the part concerning abuse of authority and obstruction of another’s exercise of rights due to the suspension of subsidies and the exclusion of the budget compilation of the application subsidies, the Defendant conducted the overall restructuring of the facilities or organizations under his/her jurisdiction with the aim of efficient operation of the budget and sound financing. While the G Cultural Institute requested the reduction of the number of employees, the G Cultural Institute provided subsidies equivalent to personnel expenses at the Defendant’s discretion and suspended the payment of subsidies to the G Cultural Institute at the Defendant’s discretion and excluded the budget compilation of the application subsidies.

According to the relevant regulations, the issue of whether to pay subsidies is discretionary by the head of the Gu. Thus, the fact that the defendant suspended the payment of subsidies to the G Cultural Institute and excluded the compilation of the budget is not illegal within the reasonable scope of discretion.

(2) According to the relevant provisions on abuse of authority and obstruction of another’s exercise of rights due to the closure of the G Cultural Institute’s office, a local government may seek the return of all or part of its property under the conditions for permission for free use, and this is a local government’s discretionary matter. Therefore, the Defendant’s order to return part of

(3) The Defendant did not know the existence of Qu organization itself, and there was no fact that Qu organization ordered to use the Faart free of charge.

In addition, since local governments can provide space free of charge to culture and arts organizations of residents pursuant to Articles 7 and 8 of the Local Culture Promotion Act, the defendant's act is not illegal.

B) Related to the V Extraordinary fish market case (the Defendant and Co-Defendant 1's co-defendant's co-defendant's co-defendant's co-defendants are V fish