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(영문) 대전지방법원 천안지원 2017.03.07 2016고단1188
보조금관리에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 2013, the Defendant: (a) formulated a plan for the construction of a mass farm in Asan City D; and (b) applied for “E” to the livestock industry and the EM around January 2013.

A subsidized project operator shall faithfully perform the subsidized project with the care of a good manager in accordance with statutes, the details of the decision to grant subsidies, or the disposition of the head of a central government office under statutes, and shall not use the subsidy for any other purpose

Nevertheless, on December 3, 2013, the Defendant received subsidies of KRW 143,141,400 under the name of “E” from the Government and Asan City as a subsidized business operator of “E” in 2013, and used subsidies of KRW 143,141,400 as stated in attached Table 25 of the List of Crimes among them on December 4, 2013, and KRW 40 million as described in paragraph 26, in total, as the price for Sick Sick, for each of them for use other than designated business purposes.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Each transaction statement, the detailed statement of use, the illegal use of subsidies, and CDs [the defendant received 143,141,400 national subsidies from the agricultural cooperative account under the defendant's name (G; hereinafter "the defendant's account") on December 3, 2013, and the balance at the time is 143,145,870, and the remaining amount at the time is 143,145,870, and the defendant paid a sum of KRW 140,000,000 to the defendant's account on December 4, 2013, other than E-related construction expenses, around 07:58 and around 07:59, and KRW 147:50,000,000,000,000 from among E-related construction expenses; as above, it is recognized that the defendant used the State subsidy for purposes other than its original purpose];

Application of Statutes

1. Article 41 subparagraph 1 of the relevant Act of the facts constituting an offense and Articles 41 and 22 of the Act on the Management of Optional Subsidies for Punishment (including), and selection of imprisonment with prison labor;

1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.

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