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(영문) 제주지방법원 2019.05.17 2018고단1133
보조금관리에관한법률위반등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The defendant is the representative director of C in Jeju City, who was designated as a social enterprise by Jeju Special Self-Governing Province Governor around May 2014, and is a person in charge of overall affairs necessary to apply for subsidies related to the social enterprise development project under the jurisdiction of the Ministry of Employment and Labor and to manage the funds.

1. D-related matters

A. On April 2015, the Defendant violated the Act on Fraud and Subsidy Management, knowing that “D” for social enterprises was implemented as a national subsidy, and received the said subsidy and used it as a company’s operating fund and Defendant’s living expenses.

On April 23, 2015, the Defendant submitted to the Jeju Special Self-Governing Province Office (hereinafter “Seoul Special Self-Governing Province Office”) located in Jeju-si, Jeju-do (hereinafter “Seoul Special Self-Governing Province Office”), a plan to provide subsidies, etc., stating that the Defendant would use KRW 88,889,00 in total as subsidies ( KRW 72,00,000, KRW 16,889,000) for the development of prototypes and packing designs, advertising materials, equipment rent, etc. to promote social enterprises that contribute to the creation of jobs and the development of the local community.

However, even if the above subsidies were received, the Defendant did not intend to use the above subsidies as product development expenses such as the above written application for payment. Rather, the Defendant received the above subsidies and returned them to E, etc. under the pretext of product development expenses, etc. and received them, and then used them as the company’s operating funds and the Defendant’s living expenses.

Nevertheless, the Defendant, as above, was selected as a company subject to D’s support by deceiving a public official in charge belonging to the Jeju-do Office, followed by Jeju Special Self-Governing Province on May 4, 2015, and the same year.

6. 72,00,000 won in total, including 36,000,000 won, shall be the name of a subsidy.

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