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(영문) 대전지방법원 논산지원 2018.06.08 2017고단737
보조금관리에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who is the representative director of C Co., Ltd. (hereinafter “C”) in the facts charged against the Defendant.

The Ministry of Agriculture and Forestry conducted a "livestock excreta treatment plant project" (hereinafter referred to as the "project") where livestock farmers, etc. provide financial support to those who repair livestock facilities, equipment, etc. for treatment of excreta in order to convert livestock excreta into manure, non-energy, etc. and revitalize natural circulation agriculture and prevent environmental pollution, such as soil quality through proper treatment.

According to the above business contents, 40 percent of the construction cost (20 percent of the national expenses, 20 percent of the local expenses) may be subsidized when installing individual facilities, but local subsidies may not be paid for construction works or projects executed before the decision to grant local subsidies.

Around October 8, 2014, the Defendant started a project for the improvement of the purification discharge of C (hereinafter “instant project”), the total project cost of KRW 1,340,00,000, subsidies of KRW 536,000,000, national expenses of KRW 268,000,000, 80,000, military expenses of KRW 187,60,000,000, military expenses of KRW 804,000,000, 804,000, and around March 5, 2015, the Defendant prepared an application for subsidies and a plan for subsidies of KRW 336,00,00,00,000 for the implementation of the said project, and submitted a written plan for the implementation of the said project to the Maritime Office for the implementation of the project to grant the said subsidy to the victim on March 5, 2015 (the scheduled date for the commencement of May 1, 2015).

5. 22. Filing an application for advance payment to the Gun Office with the 29th day of the same month and receiving KRW 375,200,000 under the pretext of advance payment, and the same year; and

6. The 30th of the same month by submitting a report, etc. on the completion of the above business to the Haman and received 160,800,000 won as a completion payment, respectively.

In this respect, the Defendant was illegitimate.

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