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(영문) 서울서부지방법원 2019.05.01 2019고단24
비영리민간단체지원법위반
Text

Defendants shall be punished by a fine of KRW 20,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A and Defendant B are the actual representatives and standing directors of Eunpyeong-gu Seoul Metropolitan Government C buildings, D in the third floor, from around 2013 to 2017, who have been in charge of fund management and enforcement of the said organization.

A person who implements a project eligible for subsidies shall faithfully implement the subsidized project with due care as a good manager in accordance with statutes, the details of the decision to grant subsidies, or the dispositions by the head of a central government agency under statutes, and shall not use the subsidy for any other purpose

Nevertheless, the Defendants received a subsidy and executed the subsidy as if they were used in the public interest activity support project, such as lecture rent and lecture fee, and subsequently, conspired to return it and use it for the above D's operating expenses, etc.

around May 24, 2016, the Defendants received KRW 35 million from the Ministry of Public Administration and Security as national subsidies for public service activities support projects; around October 24 of the same year; and deposited KRW 15 million in the bank account in the name of Korea (E). On June 13, 2016, the Defendants transferred KRW 1,500,000 from the said bank account to the F’s national bank account (G) in the name of lecture rent as if the execution was made in the pertinent public service activities support projects; and around that time, they used KRW 32,841,80 in total from October 14, 2016 to the F’s account (G) in the name of lecture rent disbursement; and thereafter, returned the amount equivalent to KRW 1,500 in cash from F to the above D’s operating expenses.

As a result, the Defendants used the subsidy received in collusion for any purpose other than that specified in the business plan.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Statement of each police statement against the Defendants

1. Each police statement against H, I, J, K, L, M, N, andO.

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