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(영문) 광주지방법원 장흥지원 2017.01.26 2016고단200
보조금관리에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for the crime No. 1 in the judgment of Defendant B with a fine of one million won, and the crime No. 2 and No. 3 in the judgment.

Reasons

Punishment of the crime

[criminal record] On February 12, 2015, Defendant B was sentenced to imprisonment without prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Gwangju District Court's Support for the Promotion of the Residents of Gwangju District Court, and the said judgment became final and conclusive on February 24, 2015.

[2] Criminal facts are facts constituting the Defendants as residents of the village in South Korea-gun, and Defendant A was changed to the village from January 2012 to December 2015. Defendant C was in charge of a village’s change from January 2016 to December 2015. Defendant B was a person who led the village’s assistance project in 2014 and 2015.

The Defendants filed a subsidy with D Village 2014, 2015, and 2016 as a subsidized project operator, and conspired to share the amount with village people after receiving the subsidy.

1. Around November 2014, Defendant B of the 2014 funded the intent to make a false statement to the effect that Defendant B of the 2014 saw that Defendant B would make an application form for granting subsidies and submit it to the Victim Yeongsan River Environment Office, and a village joint project, which would make a strawing and growing project.

However, as discussed earlier, the Defendants thought that the subsidies were granted and the subsidies were divided into two parts, so they did not have the intent or ability to carry out a village joint project even if they were paid subsidies.

The Defendants were transferred KRW 29,914,00 from the damaged party on January 13, 2015 to the Agricultural Cooperative Account (E) in Defendant B’s name as a subsidy.

As a result, the Defendants conspired to attract the victim to receive property by deceiving him/her, and at the same time received subsidies by false application or other unlawful means.

2. Defendant B of the subsidy in 2015: (a) around May 2015, the Defendant B prepared an application for the grant of a subsidy, etc. and submitted it to the Victim Yeongsan River Environment Office; and (b) presented it as a community joint project.

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