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A defendant shall be punished by imprisonment for six months.
except that 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
On March 7, 2011, from around January 31, 2020 to around January 31, 2020, the Defendant submitted an application for subsidies, along with a statement of the labor cost calculation in the amount of KRW 5,285,970 for three months for eight hours of service to Ulsan-gu E and the employees of Ulsan-gu Office, Ulsan-gu, Seoul-gu, 233, along with the statement of the labor cost calculation in the amount of KRW 5,285,970 for eight months of service per day.
However, on October 25, 2017, the Defendant concluded a labor contract with F to work only 40 hours a day and received 650,000 won for the difference of 4 hours out of the local subsidies received from the Ulsan-gu Office.
As above, the Defendant received subsidies of KRW 650,00 from October 2017 to November 2019, in an unlawful manner, in total, KRW 32,280,830,00 in an unlawful manner, as indicated in the list of crimes in the attached Table, including the Defendant’s receipt of subsidies of KRW 650,00 from the aforementioned date to the above date and time to November 2019.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of each police officer made to F and G;
1. Investigation reports (G hearing statements);
1. Data on the details of account transactions and account transfer submitted from the relevant witness F;
1. Application of Acts and subordinate statutes on a decision to grant subsidies, application for subsidies, and D employment contracts;
1. Article 40 of the Act on the pertinent Article of the facts constituting an offense and the Management of Subsidies for Optional to Punishment (Overallly, Imprisonment with prison labor is chosen);
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1119, Jan. 1, 201; 201Do1114, Feb.