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(영문) 의정부지방법원 2014.07.10 2014고정489
보조금관리에관한법률위반
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and by a fine of 2,50,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who is appointed as the head of the Gu-si E Apartment Management Office from April 10, 2010 to September 10, 2013, and Defendant B is the actual operational owner of the F Co., Ltd., and G is a person who is appointed as the representative of occupants of E apartment from January 1, 2008 to September 1, 2012.

In February 2013, the Defendants prepared a double contract to cover the construction amount and conspired with G to receive excessive subsidies from Guri-si by using the double contract to cover the construction amount, while performing play work equivalent to KRW 19,711,000 in an apartment.

Defendant

B On February 21, 2013, Guri-si 439, Guri-si, Guri-si, submitted relevant documents, such as a written estimate, stating that the employee in charge of the work in charge of the work in charge of the repair of the apartment playground in an amount equivalent to KRW 35,163,00, and filed an application for subsidies equivalent to KRW 17,581,000. Defendant A and G were paid KRW 16,278,00 for subsidies from Guri-si on April 16, 2013 and received a decision to pay KRW 16,278,00 for subsidies from Guri-si on April 30, 2013.

As a result, the Defendants conspired with G and received subsidies by fraudulent means.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s legal statement (as of the second trial date);

1. Each police suspect interrogation protocol concerning G;

1. The police statement of H;

1. The application of Acts and subordinate statutes concerning a copy of a written estimate for actual construction works, a copy of a subsidy1, a copy of a subsidy application, a written estimate for initial construction works, a criminal investigation report (to hear statements made by a public official I and attach related data), a review report on subsidy reduction support and a disbursement

1. Article 40 of the relevant Act on the Punishment of Criminal Crimes, the Act on the Management of Subsidies for elective Punishment, and Article 30 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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