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(영문) 부산지방법원 동부지원 2018.06.08 2017고정1044

The defendant shall be innocent.


1. The summary of the facts charged is the head of the facility of “E” (hereinafter “the facility of this case”), which is the vocational rehabilitation facility for the disabled under 1201 building 1, Busan Shipping Daegu D.

Where the State or a local government receives any subsidy related to the implementation of social welfare programs, it shall not use such subsidy for any purpose other than its original purpose.

When exercising overall control over the operation of the instant facilities from July 2013 to March 2014, the Defendant received subsidies of KRW 58,788,010, including the total of KRW 38,050,00 for the head of the facility, KRW 20,218,660 for employees, and KRW 519,350 for additional operational expenses, and KRW 58,78,010 for additional operational expenses, the Defendant used the subsidies for the operation of the instant facilities separately by the Defendant, while operating the “G”, which is not related to the purpose of the instant facilities, to the extent that it is appropriate for the Defendant’s original purpose.

2. Determination:

A. In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the finding of guilt must be based on the evidence of probative value, which makes the judge sure that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, the interest of the defendant should be determined (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010).

However, in full view of the following circumstances, the evidence submitted by the prosecutor alone was intentional to use the Defendant for a purpose other than the purpose of the subsidy.

The recognition is insufficient, and there is no other evidence to prove it.

1) The prosecutor shall not aim at the Defendant’s subsidy.