보조금관리에관한법률위반
The prosecutor's appeal is dismissed.
1. According to the evidence presented by the Prosecutor in this case’s summary of the grounds for appeal, the Defendant is fully aware of the facts charged that the Defendant suspended C farming business without continuing the farming business for the period agreed upon at the time of the payment while receiving subsidies for C farming business from the old Military Forces.
However, the court below found the defendant not guilty on the ground that there was no proof of crime as to the facts charged of this case. The court below erred by misunderstanding facts or misunderstanding legal principles, which affected the conclusion of the judgment
2. Determination
(a) No person charged may suspend or abolish a subsidy program without the approval of the head of the central government office;
On March 19, 2014, the Defendant applied for a subsidy program with five members, such as D, in the C production complex development project implemented by the Gu Council related to the method of cultivating new species as local specialty, and received subsidies equivalent to KRW 40 million (20 million for national expenses, KRW 20 million for military expenses, and KRW 20 million for military expenses) from the number of old military units for the production complex development project to be implemented by the Gu Council.
Although the Defendant had to operate a subsidy program for five years from February 3, 2015 to February 1, 2020 according to the above subsidy program project plan, the Defendant suspended the above subsidy program on the ground that the project feasibility was not profitabilityd on April 2015 without obtaining approval from the head of Gu Gun.
Accordingly, the Defendant suspended the subsidized project without the approval of the head of Gu/Si/Gun.
B. According to the records of this case’s judgment, the fact that the Defendant temporarily suspended C cultivation and harvest from around 2015 to the second half of 2016 can be acknowledged.
However, in consideration of the following circumstances revealed through records, the evidence produced by the prosecutor alone was suspended from the C Production Complex Construction Project, which is a subsidy program (hereinafter “the instant subsidy program”) by the Defendant around April 2015.
It is difficult to see, and otherwise, evidence to recognize it.