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(영문) 대구지방법원 2018.05.15 2018고단1326
보조금의예산및관리에관한법률위반등
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of five million won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B in Busan City, and the defendant corporation B is a corporation established for the purpose of manufacturing agricultural machinery.

1. On June 24, 2010, Defendant A prepared a plan to support the development of technology of small and medium enterprises, stating that “E will be developed (from June 1, 2010 to May 31, 201)” in the field of “business start-up and practical tasks for technological innovation development projects for small and medium enterprises in 2010” to support the technological development of start-up enterprises and small and medium enterprises, and applied for government subsidies.

Accordingly, the Small and Medium Enterprise Technology Information Promotion Agency approved the support of the above project, and transferred the government subsidy of KRW 95 million to B's deposit account of research funds around June 29, 2010.

However, it is true that the defendant will develop.

Around March 2010, the “E” was already produced and sold in the Mine-gun Office, Gwangju Viewing, etc., and the Defendant did not have any idea to use the government subsidy for the development of the “E”, and the development of “E” was not subject to the government subsidy by excluding “E where the application was already developed, or where it is identical or similar to the already supported technology by other companies, or the already provided to the applicant company.”

Accordingly, the Defendant, by deceiving the victim, received the government subsidy of KRW 95 million from the victim, and received the subsidy by false application or other unlawful means.

2. Defendant B, a representative director of the Defendant, received subsidies of KRW 95 million by filing a false application or other unlawful means with respect to the Defendant’s business at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the police of the F;

1. The investigation report (the sequence 38 of evidence list);

1. The application of the legislation of project plans, agreements, and project cost implementation details.

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