(영문) 인천지방법원 2015.04.24 2014노3949 | 리걸엔진

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(영문) 인천지방법원 2015.04.24 2014노3949

보조금관리에관한법률위반등

Text

Defendant

All appeals filed by B, D and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and D were actually residing in the J for more than five consecutive years as of the time of application for the instant school expense and scholarship, and thus, the instant school expense and scholarship do not constitute illegal receipt or fraudulentation.

B. The prosecutor (Defendant A) received or fraudulently acquired the instant school expenses and scholarships, since the Defendant did not actually reside in the J at the time of applying for the instant school expenses and scholarships.

2. According to the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below as to the grounds for appeal by Defendant B, Defendant B cannot be deemed to have actually resided in the J at the time of the application for the school expense of this case. Thus, the facts charged that the school expense of this case was received by unlawful means can be fully acknowledged.

Therefore, the defendant's assertion of mistake is without merit.

The Defendant set up the Internet in Mancheon M, but terminated it on March 17, 2005, and on September 3, 2009, entered the cell phone entrance application into the domicile of Mancheon-gu BC apartment 102 Dong 101.

The children of the defendant were residing in BC and attended to a high school located in Incheon City.

From around 2011 to around 2012, the Defendant voluntarily recognized that the boiler of J-house was out of order and from that time, the Defendant was unable to reside in the said house until now.

The date on which the defendant uses a mobile phone from January 2013 to July 2013 is only four days from the "In Mancheon J".

3. According to the following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to the grounds for appeal by Defendant D, the Defendant does not seem to have actually resided in the J at the time of the application for the instant school expense and the scholarship, and thus, it can be sufficiently recognized that the Defendant illegally received the instant school expense and acquired the scholarship.

Therefore, it is true.

유사 판례

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