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(영문) 수원지방법원 2020.01.16 2019고정1636
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 chairman shall be the defendant B.

A local government-subsidized project operator shall obtain approval from the head of a local government to change the details of a local government-subsidized project or to change the distribution of expenses incurred therein.

The Defendant submitted a business plan in which the details, etc. of project costs are stated when applying for subsidies in relation to the events of the DaD (hereinafter referred to as the “DoD”) in C City, and received subsidies from C City on August 30, 2017, KRW 10,000,000 from the Nonghyup Bank in the name of B, subject to the use and execution of subsidies under the business plan.

After September 12, 2017 without obtaining C City approval, the Defendant used the F Rental Fee of KRW 1,200,000 for the purchase cost of other items and used KRW 200,000 for the purchase cost of other items from around 10 to October 25, 2017, even though the Defendant was to disburse KRW 1,20,000 for the F Rental Items in the said business plan, the Defendant used the difference of KRW 1,00,00 for the purchase cost of the relevant items for the purchase of other items, as shown in the attached list of crimes from around 20 to October 25, 2017.

Accordingly, the Defendant changed the distribution of expenses incurred in local government-subsidized projects without obtaining the approval of C City.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. An investigation report (as to the analysis of transaction details), an investigation report (as to the confirmation of the difference and the actual execution amount of subsidies for each competition), and an investigation report (as to the submission of the confirmation document of a witness H);

1. Application of Acts and subordinate statutes on a petition;

1. Article 97 (3) 1 and Article 32-4 (2) of the Local Finance Act concerning the relevant criminal facts and the selection of punishment, respectively;

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

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

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