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(영문) 수원지방법원 성남지원 2018.10.12 2018고정879
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the representative of the LABD, and the LAD is a company located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, and its main business is the development and supply of software.

1. From April 1, 2017 to December 31, 2017, the Defendant: (a) registered a false participating researcher while carrying out a research task called “F (Name G)”; and (b) received government contributions in terms of personnel expenses and received them for private use.

However, it is not possible to apply for government contributions except for personnel expenses of researchers who actually participate in the task agreed with the Information and Communications Technology Promotion Center.

Nevertheless, after registering H as the Institute, the Defendant applied for the labor cost of H 9,870,000 won over six times through the real-time business management system (ezBaro) from July 24, 2017 to December 18, 2017.

2. No person who violates the Act on the Management of Subsidies shall receive any subsidy or indirect subsidy by making a false application or by other unlawful means;

Nevertheless, the Defendant requested H’s personnel expenses in the manner described in the above 1.1. and received subsidies of KRW 9,870,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Statement of the informant;

1. Current status of national civil rights committee resolutions, agreements, participating researchers, and personnel expenses;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act (the point of fraud) of the relevant Act on the facts constituting an offense and Article 40 subparagraph 1 of the Subsidy Management Act (the point of improper payment of subsidies);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Detention in a workhouse (when a sentence of suspension of execution is invalidated or revoked, and a fine is not paid) under Articles 70 (1) and 69 (2) (one hundred thousand won a day) of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the primary offender who has no record of punishment, and the defendant commits the instant crime.

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