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(영문) 광주지방법원 2018.01.18 2017고정1627
보조금관리에관한법률위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant actually operated a corporation B (hereinafter referred to as “B”) designated as a social enterprise from Gwangju Metropolitan City.

B From April 2016, the amount equivalent to 70% of wages paid to workers designated as part-time workers among those selected in the “pre-time social enterprise job creation projects” promoted by the Ministry of Labor, which are promoted by the employment and labor, was supported by the Nam-gu Seoul Metropolitan City Office. However, according to the “Guidelines for Social Enterprise Financial Support Projects” of the Ministry of Employment and Labor, a preliminary social enterprise that participates in the job creation projects should restrict the participation of other workers (at least 30 hours a week) when recruiting and selecting participating workers.

The Defendant received monthly cleaning service benefits from August 2, 2016 to February 2017 under this Agreement, and filed an application for subsidies for job creation projects with C during the same period of time while concealing the monthly cleaning service benefits, and received KRW 6,606,680 over seven times in total as shown in the list of crimes in the attached Table.

As above, the Defendant was paid KRW 4,955,00 of the State subsidies equivalent to 75% out of the above amount by deceiving the office of the victim in the Nam-gu Seoul Metropolitan City, Gwangju, and by deceiving the victim from the damage, and at the same time by deceiving the victim, and by means of false application or other unlawful means.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. A protocol concerning the examination of suspects of D;

1. Each police statement protocol related to E, F, C, and G;

1. Domestic history reports (in addition to the list of the details of the payment of subsidy C and the details of the transfer of service payment), internal history reports (in 2017, guidelines for social corporate financial support business, the application for subsidy B, the list of employees, and the current status of housing management), internal history reports [Attachment to the statement of transactions in the name of the witness C (CF)], investigation reports [the statement of designation of preliminary social company, the certificate of business registration, and reserve).

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