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(영문) 전주지방법원 2017.02.16 2016고단1614
업무상배임등
Text

Defendant

A Imprisonment of one year and six months, fine of 45,00,000 won, Defendant B’s imprisonment of ten months, Defendant C of a fine of 10,000,00 won;

Reasons

Criminal facts

[criminal history] On November 4, 2015, Defendant D was sentenced to imprisonment with prison labor for one year for a violation of the Act on Entrusted Elections by Public Organizations, Etc. at the Jeonju District Court, and the said judgment became final and conclusive on April 15, 2016.

[Criminal facts]

1. Defendant E, F, and G are the chairperson of the N designated as the subsidized business operator of “M” (hereinafter “community”) promoted in the Ministry of Agriculture and Forestry. Defendant F entered into a contract with the community under the name of P Co., Ltd. and installed a water tank in relation to the community’s subsidized business. Defendant G is a person who entered into a contract with the community under the name of P and installed a water tank with respect to the community’s subsidized business.

The project shall select a fishermen's community as a subsidized business operator in order to establish a sustainable fishery production system by having awareness of the main owner of fishery resources and managing resources autonomously, and the State or local governments shall grant some of the total project expenses as subsidies to the subsidized business operator, and the rest is naturally borne by the subsidized business operator to implement the project.

Although the Defendants and the community vice-chairpersons Q, R, the head of the bureau, the head of the management department, T, and U in charge of finance knew that the subsidized project operator should bear part of the project cost as above, the community, who is the subsidized project operator, pretends to bear the cost of the project, and receives the excessive subsidy from the State and the local government, and partly subsidized the subsidy to use it for other construction than the subsidized project.

A. Defendant E, in violation of the Act on Fraud and Subsidy Management, installs a water tank outer wall equivalent to KRW 70 million of total project cost ( KRW 63 million of the State and local subsidies, KRW 7 million of the State and local subsidies, and KRW 7 million of its own contributions) at a community office around April 22, 2015.

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