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(영문) 수원지방법원 여주지원 2014.06.30 2013고단1074

명예훼손

Text

Defendant

B shall be punished by a fine of three million won.

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

Reasons

Defendant

B The Defendant was a person who was a head of Gyeonggi-gun E from around 2004 to around 2007.

E, as a water-source management area, has formulated a plan for supporting residents every year and completed the project in accordance with the plan, and has received subsidies from the Han River Watershed Management Fund.

The defendant, as a program for supporting the E in 2007, tried to promote the business of purchasing a kimchi experience hall, claimed a subsidy of an amount higher than the price of the house actually purchased, and received the difference as appropriated for the Village Fund.

On November 1, 2007, the Defendant: (a) purchased approximately KRW 14,597,00,000, from H office operated by G in the Gyeonggi-gun, and (b) purchased approximately KRW 14,597,00,00, the Defendant issued a supply and tax invoice stating that the price of the main office was higher than the actual purchase price; and (c) filed a claim for subsidies of KRW 14,597,00,00 after receiving a tax invoice from G; (d) attached the above supply and tax invoice to the Defendant’s official seal, and submitted it to the public official in charge on December 11, 2007.

On December 12, 2007, the Defendant received 14,597,000 won from the above public official in charge to the Agricultural Cooperative account (I) in the name of the E Saemaul Association as a subsidy for the resident support project for the water-source management area, and acquired 4,597,00 won among them.

Accordingly, the defendant deceivings a public official in charge to take over a subsidy for a water-source management area.

Summary of Evidence

1. Defendant B’s statement in the second trial record;

1. A protocol concerning the examination of the suspect of the defendant or defendant A by the prosecution;

1. Investigation report (a copy of the disbursement resolution);

1. The disbursement resolution, the certificate of deposits without passbook, the certificate of payment of subsidies due to the completion of purchase at the collection of the E Kimchi Experience Center, the certificate of completion of the project, the written request, the copy of the passbook, and the application for the grant of subsidies;