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(영문) 대구지방법원 포항지원 2018.09.12 2018고정174
지방재정법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is the head of a facility “B”, “C”, or “D” with a disabled person’s communal living home to which operating expenses are subsidized from the time of port of port, and is a person who executes a budget for each disabled person’s communal living home.

A local subsidy program operator shall faithfully perform a local subsidy program with the care of a good manager in accordance with statutes, the details of the local subsidy grant decision, or the disposition of the head of a local government under statutes, and shall not use the local subsidy for any other purpose.

Nevertheless, on January 26, 2015, the Defendant used subsidies of KRW 92,00,00, which was granted from Pohang-gu E for the purpose of operating expenses “C” from Pohang-si, and used subsidies for other purposes. From that time until October 26, 2016, the Defendant used subsidies of KRW 3,347,200 in total over 41 times in the same manner as indicated in the list of crimes in the attached Form from October 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the police statement with respect to F; current status of operating expenses of common facilities for persons with disabilities (three places), and operating expenses (including all accompanying documents);

1. Application of Acts and subordinate statutes to a criminal investigation report (in cases of attaching details of account transactions), investigation report (to hear Franchising by a public official in charge at the port);

1. Article 97 (2) and Article 32-4 (1) of the Local Finance Act and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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