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(영문) 춘천지방법원 2017.04.14 2016고단1158
업무상배임등
Text

Defendant

A, B, C, and G are punished by imprisonment for 8 months, by imprisonment for 1 year for Defendant E, by imprisonment for 10 months, and Defendant D.

Reasons

Punishment of the crime

Defendant

A is a person in charge of the overall affairs of a subsidized project, such as planning of "I Project in 2012", selection of a subsidized project operator, grant of subsidies and follow-up management, etc., who works as a marine agricultural support worker in the H military and livestock industry from February 1, 2008 to July 27, 2014.

Defendant

B From February 15, 2011 to June 4, 2013, the head of H military agricultural support division, and from June 5, 2013 to December 31, 2015, Defendant C served as the head of H military agricultural technology center and worked as the head of H military agricultural technology center from January 10, 2012 to June 5, 2013, and Defendant D served as the head of H military agricultural support division after going through the proxy of the H military agricultural support division from June 5, 2013 to June 4, 2013. Defendant B, Defendant C, and Defendant D are those in charge of obtaining approval for the decision related to the said subsidized project after reporting the progress of the said subsidized project from Defendant A.

Defendant

E is the representative of L fishing village (hereinafter referred to as “L fishing village”) which is a gathering of members of L fishing village operating inland fisheries in K located in Gangwon J, Defendant F is the general affairs of L fishing village, Defendant G is the representative director of M Co., Ltd. (hereinafter referred to as “M”).

【The Ministry of Administrative Safety, on January 20, 2012, as a part of the “I plan” among the N projects, selected and notified the Gangwon H as a person eligible for the subsidization of the total project cost of KRW 530 million ( KRW 372 million, military subsidy of KRW 93 million, KRW 65 million, national treasury subsidy of KRW 372 million, KRW 93 million, and KRW 65 million), and the H agricultural support division selected an OF as a person eligible for the subsidization of the P Center.

However, on February 7, 2012, the O Fisheries Association waived the subsidized project on the ground that it is not capable of self-responsibility.

Accordingly, the H military agricultural support division is the subsidized business operator instead of the O fishery industry, and the subsidized business contents are changed to the business of "establishment of a pay fishing place in Qu Ri," and the subsidized business contents are changed to the business of "establishment of a charged fishing place in Qu Ri," and the said I business is continuously promoted.

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