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(영문) 대전지방법원 천안지원 2018.07.03 2018고정360
지방재정법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative of the tenant of the B apartment in Asia-si.

When a local subsidy program operator completes a local subsidy program, he/she shall prepare and submit a performance report on the local subsidy program to the head of the local government, and shall not prepare a false performance report on the local subsidy program.

The Defendant entered into a contract with C on January 2014, 2015 with “the rooftop waterproof construction and the interior and exterior wall design construction” with C, 51 million won (the subsidies amounting to KRW 30 million, KRW 21 million).

After filing an application, the construction has been carried out from March 15, 2015 to June 15, 2015.

On July 8, 2015, the Defendant submitted a statement of subsidies for multi-family housing support projects and submitted a false report on the performance of the project to the City Mayor in Busan Metropolitan City with the construction cost of KRW 40,40,000,000, not for internal construction but for the construction cost of KRW 40,400,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes, such as an application for support for multi-family housing and a statement of estimate;

1. Article 97 (3) 4 and Article 32-6 (1) of the Local Finance Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the legislative intent of the local financial law to ensure the sound and transparent operation of the local finance with the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s error is less than that of the Defendant’s fault

shall not be deemed to exist.

However, the defendant recognizes his mistake and is against his will.

It seems that the recovery of the subsidy will be done immediately after receiving the recovery disposition from the ASEAN City.

It seems that there is no benefit from the defendant individually (a subsidy received in excess of the record shall be deemed to have been used for the shortage of occupants' contributions). In addition, the age, sex, environment, circumstances of crimes, and crimes of the defendant.

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