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(영문) 청주지방법원 2015.12.17 2015구합11924
환수금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From around 2004, the Plaintiff has produced and sold apologys in the process of operating the two sculptures with the trade name “C” in Chungcheong City B.

B. The Plaintiff received subsidies of KRW 130,50,000 equivalent to KRW 500,000,000,000 for the total project cost of the “project for installing facilities for manufacturing and processing agricultural products in 2009” from the Defendant in relation to the installation of facilities for manufacturing and processing of fish farms” and “project for installing facilities for manufacturing and processing of agricultural products in 2009” and received subsidies of KRW 21,500,000,000 for April 30, 2009 and KRW 53 million on August 18, 2009. On August 23, 2013, the Plaintiff received subsidies of KRW 300,000,000 for the total project cost of the “project for supporting facilities for manufacturing and processing of agricultural products in 2013” equivalent to KRW 70,000,000 for KRW

C. Meanwhile, in the Cheongju District Court case No. 2015 Godan78, the Plaintiff was convicted of the following criminal facts and was sentenced to a suspended sentence of two years on April 24, 2015, and the said judgment was finalized on May 2, 2015.

1. Violation of the Subsidy Management Act and loyaltyed victims of fraud shall select A as a subsidized project operator of “project for supporting the production, processing, and distribution facilities of agricultural products in 2013” and shall provide subsidies of 70% (50%) out of the total project cost (50%). In order for a subsidized project operator to receive a subsidy, a portion equivalent to 30% of the total project cost must be fully executed as a subsidized project.

A concluded a contract with D for the manufacture and installation of consignment manufacturing and production machinery, and planned to receive subsidies by appropriating the total amount of the self-paid charges to be borne by A and appropriating excessive unit cost of supply.

Accordingly, A and D have been transferred the self-paid amount (90 million won) to the account in the name of D around August 2013, 2013, and in fact, A and D have been refunded to cash from D, and the actual cost of equipment was KRW 180 million (excluding additional tax) but the full amount of the self-paid amount was actually executed in the subsidized project.

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