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(영문) 창원지방법원 2019.06.13 2018고단2370
지방재정법위반
Text

The Defendants are not guilty. The summary of the judgment is publicly announced.

Reasons

1. Defendant A is the representative of the incorporated association D (hereinafter “the Center”) and the director of the E-child care center, who is an affiliated facility of the Center, and Defendant B is a person who served as the director and counselor of the Center.

On March 1, 2014, the Defendants entered into a labor contract with Defendant B to receive KRW 1,273,00 as monthly salary, on the condition that Defendant B’s head of the center “in principle, work hours of eight hours a day and forty hours a week/ forty-four hours a day” and applied for the local subsidy to Defendant B’s benefit name.

However, as specified in the employment contract, Defendant B did not work as the head of the actual center or counselor, and did not work as a driver at the morning time.

Defendants received KRW 1,273,00 from the Gyeongnam-do around April 25, 2014 as Defendant B’s benefit title, from that time, and received KRW 46,85,000 in total from that time until December 23, 2016 as indicated in the list of crimes in attached Table.

As a result, Defendants conspired to receive local subsidies by false application or other fraudulent means.

2. Determination

A. The Defendants asserted to the effect that Defendant B did not receive local subsidies by filing a false application or other unlawful means, since he did not work as the head of the office or counselor at the center during the period specified in the facts charged, and did not work as a driver only at the morning time, as shown in the facts charged.

B. First, we examine the admissibility of some of the evidence presented by the prosecutor.

We examine the admissibility of the police statement on F [the Prosecutor's Evidence List (Evidence Document, etc.) No. 34].

In the above police statement statement, "F voluntarily appeared and stated in the investigation of the police station in Chungcheongnam-nam, the police station in Seoul and the intelligence team office on November 24, 2017."

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