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(영문) 춘천지방법원 원주지원 2018.11.29 2018고단771
사기등
Text

A defendant shall be punished by imprisonment for six months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the director of the “C Social Welfare Center” in B from May 14, 2013, who has overall control over the duties of the said social welfare center.

The above social welfare center is a social welfare facility that receives subsidies that combine the national expenses and city expenses from victims D to December 31, 2014, and thereafter receives subsidies that consist of only Si expenses and provides employees' benefits, etc.

1. Around May 15, 2013, the Defendant violated the Act on Fraud and Subsidy Management: (a) ordered, in sequence, the head of the pertinent social welfare center office, E and F, the head of the accounting team, to the effect that “the head of the instant social welfare center, who is a general manager, is aware of the possible increase in the number of salary classes in the country because of the deficit in the country; and (b) F, in accordance with the said direction, refusing the Defendant’s salary class from 6 to 8 salary class by arbitrarily including the Defendant’s work experience in the council, etc.; and (c) requested for the payment of the Defendant’s salary class operating expenses for the social welfare center in February 4, 2013 to the time of damage on the same day, including the items of the Defendant’s salary class paid in KRW 1,714,380 from KRW 1,857,140 to KRW 1,840 in accordance with the above salary adjustment.

As above, the Defendant deceivings the time of damage, and received the above subsidies from the time of damage, and received the said subsidies of KRW 1,857,140 ( approximately KRW 978,712), around May 23, 2013, and received the subsidies by false application in May 2013. At the same time, the Defendant received the subsidies by false application. From around that time to December 24, 2014, the Defendant received subsidies of KRW 67,959,640 ( approximately KRW 35,814,730) in total on 23 occasions as shown in the list of crimes in attached Table 1 from that time to December 24, 2014.

2. On January 6, 2015, FF in violation of the Act on Fraud and Local Financial Law arbitrarily increased the Defendant’s salary class from 7’s salary class to 11’s salary class, following the Defendant’s instruction, and on January 6, 2015, demanded the victim to pay subsidies for operating expenses of social welfare centers during the quarter of January 2015.

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